[NY] How can I confirm that my record has been sealed properly after the charges against me were dropped?
I was fingerprinted and photographed, but I never went to court and never received paperwork.
I understand my case should be automatically sealed under CPL §160.50.
How can I confirm that my record has been sealed properly, and what steps should I take if it hasn’t been?
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Under CPL §160.50, cases that are dismissed or dropped before arraignment are generally supposed to be automatically sealed. That means your arrest record, fingerprints, photographs, and any associated documents should no longer be accessible to the public.
However, automatic sealing isn’t always foolproof, and it’s wise to verify that your record has in fact been sealed — especially to avoid issues with employment background checks or government screenings.
How to Confirm If Your Record Has Been Sealed:
1. Request Your Criminal History Report
From the New York State Division of Criminal Justice Services (DCJS). You can request it online or by mail.
2. Review the Report
If the arrest record is listed as sealed or dismissed, then you’re likely in the clear.
3. If the Record Still Appears as Active
Then the sealing may not have been processed. This can happen due to clerical errors or delays.
What to Do If Your Record Was Not Sealed Properly:
- Contact the court clerk’s office in the borough where you were arrested.
- Or contact the prosecutor’s office that handled the case.
- These offices can help initiate or confirm the automatic sealing process.
In rare cases, if the issue persists, you may need to file a motion to seal your arrest record formally — even though the law says it should have happened automatically.
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I was arrested for domestic violence in New York City, but the charges were dropped without prejudice before I was arraigned.
I was fingerprinted and photographed, but I never went to court and never received paperwork.
I understand my case should be automatically sealed under CPL §160.50.
How can I confirm that my record has been sealed properly, and what steps should I take if it hasn’t been?
Is there anything else the lawyer should know before I connect you?
Rest assured they'll be able to help with your issue.
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Greetings! I hope this message finds you well. I'm thrilled to have the opportunity to assist you with your situation and provide you with the support you need.
Thank you for your patience, and I look forward to working with you.
Under CPL §160.50, cases that are dismissed or dropped before arraignment are generally supposed to be automatically sealed. That means your arrest record, fingerprints, photographs, and any associated documents should no longer be accessible to the public.
However, automatic sealing isn’t always foolproof, and it’s wise to verify that your record has in fact been sealed — especially to avoid issues with employment background checks or government screenings.
How to Confirm If Your Record Has Been Sealed:
1. Request Your Criminal History Report
From the New York State Division of Criminal Justice Services (DCJS). You can request it online or by mail.
2. Review the Report
If the arrest record is listed as sealed or dismissed, then you’re likely in the clear.
3. If the Record Still Appears as Active
Then the sealing may not have been processed. This can happen due to clerical errors or delays.
What to Do If Your Record Was Not Sealed Properly:
- Contact the court clerk’s office in the borough where you were arrested.
- Or contact the prosecutor’s office that handled the case.
- These offices can help initiate or confirm the automatic sealing process.
In rare cases, if the issue persists, you may need to file a motion to seal your arrest record formally — even though the law says it should have happened automatically.
Yeah, I contacted the criminal court. They said the arrest will always be visible, but there’s no case to seal since it never reached court.
So I’m trying to figure out how to get the arrest sealed or corrected, because that doesn’t sound right under the law.
Is my arrest record subject to concealment since the case was dropped?
Absolutely, yes.
Under New York law, when charges are dropped before arraignment, CPL §160.50 mandates sealing. That includes your arrest record, mugshot, and fingerprints.
While internal agencies may still retain your arrest in private databases, it must be concealed from public access — including background checks and job screenings.
Okay, because I contacted criminal court and they said the charges were dropped, but the arrest is still appearing.
So what do you recommend I do to get the arrest record sealed for good?
Who should I contact specifically?
Here's what I recommend step-by-step.
1. Request Your Criminal History from DCJS
- Go to the DCJS website to submit your request online or by mail.
- This will confirm whether your record is sealed or still showing.
2. If Record Is Still Unsealed:
- Contact the Clerk’s Office of the Criminal Court in the borough where you were arrested.
- Ask them to verify if sealing under CPL §160.50 was processed.
- If not, ask them to correct it or reissue a sealing order.
3. Still Not Sealed? File a Motion
- Hire or consult a criminal defense attorney to file a motion to seal. They can cite CPL §160.50 and explain that the case never reached arraignment and was dismissed without prejudice.
