Arrest Records in New York

Table of Contents

With a population of 19.45 million, New York is the 7th most densely populated state and the 4th most populated state in the U.S., having been supplanted from the 3rd spot by Florida in the past decade. New York City is the state’s largest city, as well as the most populous city in the U.S., as home to nearly 8.4 million people. However, the centrally-located city of Albany is New York State’s capital. There are 62 counties in New York: New York County is the most populous, while Hamilton County is the least populous.

Despite being home to the largest city in the country (large urban areas tend to have elevated levels of crime), crime in New York state is slightly below national levels: in 2018 the state logged a violent crime rate of 3.5 per 1,000 compared to the national rate of 3.69 per 1,000. Newburgh is the state’s most dangerous city, earning a violent crime over three times higher than the statewide rate. Along with its impressively low crime rates, New York has the 8th lowest arrest per capita rate in the United States. 

New York Arrest and Crime Statistics

  • According to FBI data, New York recorded 244,041 arrests in 2018. However, this only covers incidents reported by 505 law enforcement agencies in the state, which have a total jurisdiction of roughly half the state’s population.
  • 11,433 arrests for violent crimes occurred in New York, including 7,626 for aggravated assault, 933 for rape, and 244 for murder and nonnegligent manslaughter.
  • The leading identified cause of arrest in New York was drug abuse violations by a wide margin. In total, they accounted for nearly 70 thousand arrests in the state.
  • Over 25 thousand people were arrested for driving under the influence in New York, along with 943 that were arrested for violating liquor laws.
  • There are around 40,000 registered sex offenders residing in New York State. 

Sources: FBI: 2018 Crime in the United States, The Official New York State Sex Offender Registry

What is a public arrest record?

An arrest record is a report produced by a law enforcement entity after the arrest or apprehension of an individual which contains the details of the incident, the individual’s personal information, and occasionally includes additional information about the individual’s criminal record.

An arrest record is often a key document in a criminal case and may play a significant role in an ensuing trial. The arrest record may remain in the public record for a long time regardless of whether the suspect is ultimately convicted of the crime(s) for which they were initially arrested. This means that it can be accessed by the general public.  

What is included in a public arrest record?

  • Description of the incident: An arrest record will include a chronological account of the alleged crime produced by the arresting officer that may utilize information provided by first-hand witnesses and/or victims of the alleged crime. 
  • Date and location of the arrest
  • Physical description: The height, weight, hair color, sex, and race of the arrested person, along with other distinguishing characteristics such as tattoos, scars, or birthmarks. 
  • Personal information: The name, age, date of birth, phone number, address, social security number, and other contact information of the arrested individual, as well as any other names the person may go by. 
  • Photographs
  • Fingerprints
  • Criminal charges filed
  • Classification of the crime: Whether the alleged crime is a felony or a misdemeanor.
  • Bail
  • Court date
  • Police interrogation details

What are the types of charges that may appear on an arrest record?

Generally, charges are classified into three main categories:

  • Infraction – An infraction is a minor violation of the law that is regulated at the state level. Punishment for an infraction is typically a fine or a written warning, rather than a jail or prison sentence. Examples of infractions include minor traffic violations, public nuisance offenses, and littering. 
  • Misdemeanor – A misdemeanor is a crime that is more serious than an infraction, but less severe than a felony, and generally punishable by a term of imprisonment of less than a year, or a term of probation. An individual convicted of a misdemeanor is more likely to serve time in a county or local jail than a federal or state prison. Examples of misdemeanors include driving under the influence, most drug abuse violations, and petty theft.
  • Felony – A felony is the most serious type of crime and generally results in a term of imprisonment of more than one year in a state or federal prison. Having a felony on one’s record may result in limitations of employment and the acquisition of specialty licenses. Examples of felonies include rape, murder, and arson.  

Who can access arrest records?

As in most other states, arrest records (also known as arrest reports) are public records in New York and can be accessed by anyone upon request to a law enforcement agency, and may come up during a routine background check. 

Other examples of New York public records include:

  • vital records such as birth and death certificates
  • marriage licenses
  • mugshots
  • court records
  • voting records
  • property records 

Where are physical copies of arrest records kept in New York?

Arrest records are typically held by the law enforcement agency responsible for the arrest, usually a local police department or county sheriff’s office. They also may be kept in the archive of a state government agency, or circuit court. However, there is no official repository for arrest records. 

Why can’t I access an arrest record in New York?

There are a number of reasons why you may not be able to access an arrest record. Although the Freedom of Information Act (FOIA) requires federal agencies to release arrest records and other public records, records that fall under certain exemptions can be withheld from the public.

The FOIA includes nine exemptions that allow agencies to withhold documents, such as arrest records, and not release them to the public. They are:

  1. The information is classified to protect natural security. 
  2. The information focuses on the internal rules and practices of the agency.
  3. Another federal law prohibits the release of the information.
  4. The information includes confidential trade secrets and/or commercial and financial information. 
  5. The information includes privileged, confidential communicative exchanges between two agencies. 
  6. The information could pose a danger to another person’s privacy if released.
  7. The information is reserved for law enforcement purposes in a court case or an investigation or could reveal a confidential source. 
  8. The information includes confidential information about financial institution supervision. 
  9. The information includes geographical information about wells.

Additionally, some state laws limit the availability of arrest records due to the fact that they are perceived as one-sided documents that do not include the arrested person’s account of the incident. 

What is the difference between an arrest record and a criminal record?

Compared to an arrest record, a criminal record is a more thorough document that details an individual’s entire criminal history, including arrest warrants, arrests, third party complaints, convictions, and even dropped cases. 

What is the difference between an arrest record and an arrest warrant?

An arrest warrant is a document issued by a judge or magistrate that grants law enforcement the authority to arrest an individual suspected of a crime or to search and seize the individual’s property, whereas an arrest record is a document of an arrest that is only created after an arrest or apprehension has already occurred.  

In order for a judge or magistrate to issue an arrest warrant, they must conclude that there is probable cause for an arrest. Probable cause must be backed by sworn testimony or an affidavit that provides sufficient information supporting the need for an arrest. An arrest warrant must also specify one individual that should be arrested, rather than a group of individuals or a rough description of a suspect. 

How many Americans have been arrested?

While crime has steadily dropped in the United States over the past several decades, arrests have gone up, particularly for younger age groups. Typically, law enforcement makes around 10 million arrests each year. Here are some key statistics on arrests in the United States:

  • In 2018, around 10.3 million arrests were made nationwide.
  • 73% of arrested persons in 2018 were males.
  • The more recent an American was born, the greater the likelihood that the individual has been arrested at least once. The following is the percentage of Americans in various age groups that have been arrested: 
    • 6.4% of Americans  born before 1949
    • 10.7% of Americans born between 1949 and 1958
    • 13.8% of Americans born between 1959 and 1968
    • 18.7% of Americans born between 1969 and 1978
    • 23% of Americans born between 1979-1988

Sources: Federal Bureau of Investigation, RAND Corporation

How to search for Arrest Records in New York

Individuals may request a copy of New York State arrest records and other criminal history information through the New York State Division of Criminal Justice Services (DCJS). This is called a Personal Record Review. However, one cannot request the criminal history record of another person through this process. 

There are two varieties of Personal Record Review:

  • Unsuppressed – Contains all criminal history records, including sealed or suppressed records. 
  • Suppressed – Does not contain sealed or suppressed criminal history records.  

The process for obtaining a Suppressed or Unsuppressed Personal Record Review is basically the same and is as follows:

  1. Visit the IdentiGO website (or call 1-877-472-6915) to schedule an appointment to have your fingerprints taken at a designated live scan service facility provided by Morphotrust USA, a private company. 
  2. Enter the appropriate service code for a Suppressed Record (15464Z) or an Unsuppressed Record (15465F).
  3. Schedule an appointment at an appropriate time with a nearby location.
  4. Bring one form of identification (accepted forms are listed on the IdentiGO website) to the appointment and be ready to pay a fee of $63.50 using a credit card, check, or money order made out to “Idemia”.

After the appointment is complete, give the DCJS 7-10 working days to process the Personal Record Review. If you have any questions about the process, contact the Record Review Unit at 518-457-9847, 518-485-7675, or through email at [email protected].

How can I search for a New York arrest record on the internet using a background check service?

Since tracking down physical copies of arrest records can prove challenging, searching for them online is a viable option. There is a wealth of online services that allow you to search and access New York arrest records and other public records via numerous government agency databases in exchange for a fee. 

However, despite the fact that users must pay to obtain an arrest record from an online service, it’s nevertheless a convenient means of getting these documents. The offices of government agencies are often marred by inconsistent service and take a long time to process requests to view documents. 

Sometimes it’s worth it to pay a fee to use an online background check service, rather than endure the extended delays typical of government offices.  

What can I do if my arrest record has a mistake?

If your New York arrest record or another criminal history record document contains inaccurate or incorrect information, you can submit a challenge to the DCJS. For arrest records, the challenge process involves contacting the agency responsible for the arrest and requesting that they submit the changes in writing to the DCJS. 

Contact the DCJS Record Review Unit at [email protected] for direction on how to proceed with the challenge. 


 

If you’re worried that someone you know or love has a criminal record and maybe hiding it from you, run a quick background check online with ArrestRecords.com. Thanks to public records laws, almost all New York arrests, criminal and civil records are available online, as well as comprehensive background checks and secret data. You can even find New York marriage records, secret divorce records as well as birth and death records.

Violent Crime rate 

Property Crime rate 

Murder Crime rate 

Forcible Rape rate 

Robbery rate 

Assault rate 

Burglary rate 

Theft rate 

Motor Vehicle Theft rate