[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?

Lexi, Chatbot

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?

Lexi, Chatbot

Have you tried contacting the police department or the court where you were processed to inquire about the status of your record?

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured they’ll be able to help with record sealing.

Richard

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.

Richard

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).

Richard

No problem. Good luck.