How do I confirm that my record is sealed after an arrest?
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Thank you for the clarification. Here’s how to handle your situation:
Sealing Under CPL §160.50
Under New York Criminal Procedure Law (§160.50), when a criminal case is terminated in your favor—such as when charges are dismissed before arraignment—the record should be sealed automatically. That includes fingerprints, photos, arrest records, and any other documentation held by the police, prosecution, and court. However, automatic sealing doesn’t always happen seamlessly, especially if there was a clerical error or if the arrest wasn’t properly entered as “terminated in favor of the accused.”
How to Confirm if Your Record Was Sealed
To verify that your record has been sealed:
a. Request Your RAP Sheet (Record of Arrests and Prosecutions)
- Visit the New York State Division of Criminal Justice Services (DCJS) website.
- Follow instructions to obtain your own personal criminal history record.
- You’ll need to be fingerprinted again through an authorized provider (such as IdentoGO).
- Website: www.criminaljustice.ny.gov
- If the case was properly sealed, it should not appear on the report, or it will appear with a note indicating it is sealed under CPL §160.50.
b. NYC Sealing Unit or Arresting Precinct
Contact the arresting precinct’s Records Department or the NYPD Sealing Unit at 1 Police Plaza in Manhattan to inquire if the records were sealed as required.
Bring valid photo ID and any info you have on the arrest (date, precinct, etc.).
If the Record Has Not Been Sealed
If your RAP sheet shows the case is not sealed, or if you’re getting flagged in background checks:
a. You can file a motion to seal the record under CPL §160.50 in the criminal court of the borough where you were arrested (e.g., Manhattan, Bronx, Brooklyn).
b. Attach documentation showing the dismissal of charges, even if you never appeared in court. A clerk or criminal records department may be able to help you retrieve that.
Employment Considerations
If the case was sealed properly: Employers should not see it on standard background checks. Under NY law, sealed arrests cannot legally be considered in most employment decisions.
If you discover it is not sealed, take steps immediately to correct it, especially before applying for positions that involve fingerprinting, such as in education, finance, or government.
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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?
I'm sorry to hear about your situation. Were you given any documentation at the time of your arrest regarding the sealing of your record?
I wasn’t
Have you tried contacting the police department or the court where you were processed to inquire about the status of your record?
I haven’t
Is there anything else the criminal lawyer should know before I connect you? Rest assured they'll be able to help with record sealing.
Yes
Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf.
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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?
I want to make sure this doesn’t affect me or my employment in the future
Thank you for the clarification. Here’s how to handle your situation:
Sealing Under CPL §160.50
Under New York Criminal Procedure Law (§160.50), when a criminal case is terminated in your favor—such as when charges are dismissed before arraignment—the record should be sealed automatically. That includes fingerprints, photos, arrest records, and any other documentation held by the police, prosecution, and court. However, automatic sealing doesn’t always happen seamlessly, especially if there was a clerical error or if the arrest wasn’t properly entered as “terminated in favor of the accused.”
How to Confirm if Your Record Was Sealed
To verify that your record has been sealed:
a. Request Your RAP Sheet (Record of Arrests and Prosecutions)
- Visit the New York State Division of Criminal Justice Services (DCJS) website.
- Follow instructions to obtain your own personal criminal history record.
- You’ll need to be fingerprinted again through an authorized provider (such as IdentoGO).
- Website: www.criminaljustice.ny.gov
- If the case was properly sealed, it should not appear on the report, or it will appear with a note indicating it is sealed under CPL §160.50.
b. NYC Sealing Unit or Arresting Precinct
Contact the arresting precinct’s Records Department or the NYPD Sealing Unit at 1 Police Plaza in Manhattan to inquire if the records were sealed as required.
Bring valid photo ID and any info you have on the arrest (date, precinct, etc.).
If the Record Has Not Been Sealed
If your RAP sheet shows the case is not sealed, or if you’re getting flagged in background checks:
a. You can file a motion to seal the record under CPL §160.50 in the criminal court of the borough where you were arrested (e.g., Manhattan, Bronx, Brooklyn).
b. Attach documentation showing the dismissal of charges, even if you never appeared in court. A clerk or criminal records department may be able to help you retrieve that.
Employment Considerations
If the case was sealed properly: Employers should not see it on standard background checks. Under NY law, sealed arrests cannot legally be considered in most employment decisions.
If you discover it is not sealed, take steps immediately to correct it, especially before applying for positions that involve fingerprinting, such as in education, finance, or government.
Okay, thank you. That is all for now, I just wanted to know what I should do in this position given everything was dropped, and don’t want it to affect me or my employment.
No problem. Best of luck.
