[NY] How can I confirm that my dropped domestic violence charge has been sealed properly, and what steps should I take if it hasn’t been?
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Here’s how to handle your situation:
1. 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 automatically sealed.
That includes:
- Fingerprints
- Mugshots
- Arrest records
- Any documentation held by the police, prosecutor, or court
However, automatic sealing doesn’t always happen smoothly, especially if clerical errors occur or the dismissal isn’t properly logged as “terminated in favor of the accused.”
2. How to Confirm if Your Record Was Sealed
a. Request Your RAP Sheet (Record of Arrests and Prosecutions)
- Visit the New York State Division of Criminal Justice Services (DCJS) website.
- Follow the instructions to request your personal criminal history record.
- You’ll need to be fingerprinted again through an authorized provider like IdentoGO.
- If the case was sealed properly, it will not appear on your report—or it will show as sealed under CPL §160.50.
b. Check With the NYPD Sealing Unit or Arresting Precinct
You can contact:
- The Records Department of the arresting precinct, or
- The NYPD Sealing Unit at 1 Police Plaza, Manhattan
- Bring valid photo ID and any information you have about your arrest (date, precinct, etc.).
3. If the Record Has Not Been Sealed
If your RAP sheet shows the case is not sealed—or if you encounter issues in background checks:
- File a Motion to Seal under CPL §160.50 in the criminal court of the borough where you were arrested (e.g., Manhattan, Bronx, Brooklyn).
- Attach documentation showing that charges were dismissed, even if you never appeared in court. The court clerk or criminal records department can help you retrieve this information.
4. Employment Considerations
If your record is sealed properly:
- Employers should not see it on standard background checks.
- Under New York law, sealed arrests cannot legally be considered in employment decisions.
If it is not sealed, take corrective action immediately—especially before applying for jobs requiring fingerprinting or background checks (such as teaching, finance, or government roles).
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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. I’ve been a licensed attorney for over 25 years and hope to be of assistance. Please note this website is for informational purposes only; I can’t formally represent you or perform legal services on your behalf.
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 just want to make sure this doesn’t affect my employment in the future.
Here’s how to handle your situation:
1. 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 automatically sealed.
That includes:
- Fingerprints
- Mugshots
- Arrest records
- Any documentation held by the police, prosecutor, or court
However, automatic sealing doesn’t always happen smoothly, especially if clerical errors occur or the dismissal isn’t properly logged as “terminated in favor of the accused.”
2. How to Confirm if Your Record Was Sealed
a. Request Your RAP Sheet (Record of Arrests and Prosecutions)
- Visit the New York State Division of Criminal Justice Services (DCJS) website.
- Follow the instructions to request your personal criminal history record.
- You’ll need to be fingerprinted again through an authorized provider like IdentoGO.
- If the case was sealed properly, it will not appear on your report—or it will show as sealed under CPL §160.50.
b. Check With the NYPD Sealing Unit or Arresting Precinct
You can contact:
- The Records Department of the arresting precinct, or
- The NYPD Sealing Unit at 1 Police Plaza, Manhattan
- Bring valid photo ID and any information you have about your arrest (date, precinct, etc.).
3. If the Record Has Not Been Sealed
If your RAP sheet shows the case is not sealed—or if you encounter issues in background checks:
- File a Motion to Seal under CPL §160.50 in the criminal court of the borough where you were arrested (e.g., Manhattan, Bronx, Brooklyn).
- Attach documentation showing that charges were dismissed, even if you never appeared in court. The court clerk or criminal records department can help you retrieve this information.
4. Employment Considerations
If your record is sealed properly:
- Employers should not see it on standard background checks.
- Under New York law, sealed arrests cannot legally be considered in employment decisions.
If it is not sealed, take corrective action immediately—especially before applying for jobs requiring fingerprinting or background checks (such as teaching, finance, or government roles).
Okay, thank you. That’s all for now — I just wanted to know what I should do in this situation since everything was dropped and I don’t want it to affect my employment.
No problem. Good luck.
