New York Arrest Records and Warrant Search
What is an Arrest Record?
A New York arrest record is a summary of all the arrest activity, including dates, times, offenses, and other information for an individual in a specific jurisdiction. If a person has been arrested by a city police department, they will have an arrest record with the city police. If the same person has also been arrested n by a sheriff in another county in New York, they will have another arrest record in that county. Therefore, an individual can have multiple arrest records; there are potentially many documents in different locations in New York that pertain to one person’s history of arrest. The Freedom of Information Law allows the public to access arrest records in NY.
What is an Arrest Warrant?
A New York arrest warrant is a document that tells officers of the law that they must arrest a person. A warrant must be signed by a magistrate of the court in order for it to be legal. In New York, an arrest warrant can only be created if there is probable cause that a person committed an offense. First, there must be a police report. Then, the person filing the report must submit a deposition. That means they must swear under oath to the circumstances under which a person committed a crime. Then, the judge decides if there is probable cause and issues the warrant. A warrant does not necessarily mean that a person s guilty. It means there is some evidence, whether an eyewitness account or other physical evidence, that suggests they committed a crime. But it still must be proven, and the person is innocent until proven guilty. Sometimes, a person will get arrested, and the charges will immediately be dropped for any number of reasons. The person bringing charges against the individual can choose to drop them.
A New York warrant is considered active until it is executed and the person named in the warrant is arrested. If the person never gets arrested, the warrant will be active until that person is deceased. A warrant becomes outstanding after it has been active for a certain amount of time and police have not been able to arrest the person. In New York, it is common for alleged criminals to evade arrest. As well, New York police officers can get swamped with all of the warrants they have to execute, and sometimes they cannot deliver all of them efficiently. However, warrants for serious crimes take precedence over less serious ones. For example, the police will spend far less time trying to arrest someone for not paying a parking ticket than they will spend searching for someone who has committed a felony. It can also happen that a person doesn’t know there is a warrant out for them, and they inadvertently avoid getting arrested.
How to Search For an Inmate in the New York Prison System
The New York Department of Corrections and Community Supervision provides an Inmate Population Information Search, which can be found at this webpage: nysdoccslookup.doccs.ny.gov/kinqw00. The database contains information about every person who has been incarcerated in a New York state prison since the 1970s. According to the NY Department of Corrections and Community Supervision website, “all conviction, sentence and other information about offenders currently and previously incarcerated with the Department is considered public information under the Freedom Of Information Law and is herefore accessible.” The only exceptions to this are youth offenders and individuals who have had their convictions reversed.
Using the New York Inmate Information Population Search, you can search for people by name and birth date, or you can use a Department ID number.
According to the New York Commission of Corrections, there is no statewide database of inmates located in county jails. Victims of crime can use this tool to find information about specific offenders, but the information is not guaranteed by the New York State and may not be accurate: vinelink.comvinelink/initMap.do. A more reliable way of finding information about inmates in New York county jails is to visit the website of the county where you believe an inmate may be housed. Some counties provide searchable databases of inmates, though many do not. You can contact the county sheriff’s office and ask for the record department to get up to date information about inmates in the county jail. Offenders are housed in the jails of the counties where they committed the crime. Therefore, if you know where the crime was committed, you know which jail the individual should be located in.
Who Can Search For Arrest Records and Warrants in New York?
Anyone can search for arrest records in the state of New York, but the information must not be used in illegal ways and cannot be used to discriminate against a person for hiring purposes. Court convictions are a matter of public record. Active warrants are not a matter of public record because no conviction as been made. Some New York law enforcement agencies release warrant information to the public, but others do not.
How to Request Records Under the New York Freedom of Information Law
To request arrest records under the New York Freedom of Information Law, you must put the request in writing. Complete guidelines can be found at the New York State Division of State Police website: https://www.governor.ny.gov/freedom-information-law-foil-requests. You can mail a letter requesting specific records, or you can use the form provided on the website. You can find the exact process and links to the New York Freedom of Information Law forms on this website: https://openfoil.ny.gov/#/newfoilrequest . You submit the form by email, or you can print out the form and mail it to this address: New York State Police Attn: Records Access Officer 1220 Washington Avenue, Building 22 Albany, New York 12226-2252
How Long Does An Arrest Record or Warrant Stay On File In New York?
Arrest records remain a matter of public record indefinitely in New York. The only exceptions are juvenile records and records that have been sealed. You should contact a lawyer to find out if it is possible to get your record sealed. Warrants stay on file until the person is arrested or until the person is dead.