[NY] [NY] How to confirm a sealed record in New York?

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 sealed before arraignment are generally supposed to be automatically sealed, so your arrest record and any related information should not be accessible to the public. However, even though this sealing is automatic by law, it’s a good idea to verify that your record has indeed been sealed to avoid any unexpected issues, such as employment background checks or other screenings.

The best way to confirm whether your record has been sealed is to request a Criminal History Search or an official record check from the New York State Division of Criminal Justice Services (DCJS). You can submit a request online or by mail for a copy of your criminal history record to see if the case still appears on it.

If the record shows the case as sealed or removed, then you have confirmation your record has been handled properly. If the case still appears as an open or active charge, you may need to take further action.

If your record has not been sealed automatically as required, you should contact the court clerk’s office in the jurisdiction where you were arrested or the prosecutor’s office that handled the case. Sometimes delays or clerical errors occur, and they can assist in processing the sealing order.

You can also seek assistance from a criminal defense attorney or an attorney specializing in record sealing to help ensure the proper legal steps are followed. In rare cases, you may have to file a motion to seal the record formally, even if the statute generally mandates automatic sealing.

To summarize, your immediate step should be to request your criminal history record from DCJS to see if your case is sealed. If it is not, reach out to the court or prosecutor’s office to follow up. Keep any receipts or confirmation numbers from your payment or online submissions for reference.

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I completely understand how stressful and confusing it can be to deal with an arrest, especially for something as serious as domestic violence, even when the charges are dropped before arraignment.

Under New York’s Criminal Procedure Law §160.50, if your case was dismissed, discontinued, or otherwise resolved before arraignment, your record should be automatically sealed. That means your arrest details, fingerprints, and photographs should no longer be accessible to the public or appear in background checks.

However, automatic sealing isn’t always foolproof—sometimes records remain accessible due to clerical errors or administrative delays.

To confirm that your record has been sealed properly, the best step is to request an official criminal history report from the DCJS. You can do this online or by mail. The report will show whether your case appears on your record and, if so, whether it’s marked as sealed or dismissed.

If the case still appears as open or active, that means it has not been sealed properly.

If you find your record is not sealed, your next step is to contact the court clerk’s office in the county where you were arrested or the prosecutor’s office that handled your case. They can often help correct errors or expedite the sealing process.

If the problem persists, consult a criminal defense attorney familiar with record sealing in New York—they can file a motion to seal the record formally, even though the law requires automatic sealing.

Since you were fingerprinted and photographed but never went to court or received paperwork, it’s especially important to get that DCJS report.

I hear you—it’s definitely frustrating when you’re told the arrest will always be visible, especially when the law says otherwise.

What you’re describing is a common misunderstanding. Under CPL §160.50, if your case never proceeded to arraignment because the charges were dropped before arraignment, your arrest record is supposed to be automatically sealed.

That means it shouldn’t be publicly accessible or show up in background checks. The idea behind this law is to prevent an arrest without a formal case from haunting you indefinitely.

However, sometimes the arrest remains in law enforcement databases or internal records, but it shouldn’t be disclosed to the public or employers.

So when the court says the arrest will always be visible, they may be referring to internal records that are not publicly accessible.

If you want to make sure your arrest record is properly sealed and corrected:

1. Request your criminal history from DCJS to confirm the current status.

2. If it’s not sealed, file a motion to seal the arrest record formally with the court.

3. You can also have an attorney help ensure it’s sealed correctly and all public references are removed.

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Absolutely. Your arrest record should be subject to concealment under New York law when the charges were dropped before arraignment.

Specifically, under CPL §160.50, if your case was dismissed, discontinued, or otherwise resolved before arraignment, your criminal record, including the arrest, must be sealed.

That means it should be removed from public access and not disclosed in background checks or to employers.

The purpose of this law is to protect individuals like you from having an arrest hang over them indefinitely when no formal case occurred.

However, note that while the arrest record is sealed from public view, it may still exist internally in law enforcement databases. It’s not “erased,” but it is protected from public disclosure.

I totally get where you’re coming from—it’s frustrating when the court confirms the charges were dropped but the arrest still shows up.

That’s exactly the kind of situation CPL §160.50 was designed to prevent. Here’s what you should do next:

1. Request your full criminal history report from DCJS to see exactly what’s still showing.

2. If it’s not sealed, contact the Clerk’s Office of the Criminal Court where your case was handled. Ask if they have processed the automatic sealing.

3. If necessary, file a formal motion to seal through the court, preferably with help from a criminal defense attorney familiar with New York sealing laws.

Sometimes, even though the law mandates automatic sealing, clerical delays or mistakes cause the record to remain visible.

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Thank you so much for giving me the opportunity to assist you, and please don't hesitate to reach out if you have any further questions or concerns.

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