In New York State, there is no such thing as expunging or destroying of criminal records. Even if the defendant is found not guilty of the criminal charges, his fingerprints, palm prints, photographs and arrest record will still be documented on the rap sheet at the Division of Criminal Justice Services (DCJS).

Although the defendant cannot expunge his criminal record in New York State, official records about any case that was dismissed or that was otherwise terminated in his favor can be sealed under New York’s Criminal Procedure Law Section 160.50, which insures that that the defendant who was charged but not convicted suffers no stigma of having once been the subject of an un-sustained accusation.

Records that are to be sealed under CPL §160.50 will remain confidential at the DCJS and be returned to the defendant.

What kind of records come within this order?

The records subjected to the sealing requirement of CPL §160.50 include all official records and papers relating to the arrest or prosecution. Although the sealing requirement under CPL §160.50 is broad and inclusive, there are documents within certain cases may not be sealed.

Some of these records include: tape-recorded statements that were suppressed in trial, investigative and audit reports prepared by a prosecutor, Medicaid fraud records, and published court decisions or opinions on the case etc.

How can one access a sealed record?

A record of a sealed arrest remains in a confidential file at the DCJS and can only be accessed under the following circumstances:

• If the defendant is applying for a gun license
• If the defendant is applying for a job as a law enforcement or peace officer
• If the defendant request it
• If the defendant is arrested while on probation or parole

If you are currently being arrested for Fraud in New York, call our office at (212) 577-6677 to get professional legal assistance.

Unfortunately, the answer is no. You cannot destroy or expunge an arrest record on permanent file for a finger printable offense in New York State, also known as “rap sheet” at the Division of Criminal Justice Services (DCJS), even if you were never found guilty of the charges.

Who Can See Your Rap Sheet?

Criminal Justice, Law Enforcement Agencies, public and private employers (Most employers do not have the right to see your rap sheet. But New York State law does allow some groups of employers to get copies of your rap sheet when they are considering whether to hire you.)

In fact the Office of Court Administration (OCA) of the State of New York expanded their program of making statewide criminal history records available to the general public as long as they have your name, date of birth and payment of $52.00. The search does not require your permission and the application to retrieve your criminal history record can be done online.

Here is a partial list of employers in New York State who are allowed, by law, to send for your rap sheet from DCJS or the FBI:

• Public employers (federal, state, local government agencies, all law enforcement agencies)
• Child care agencies
• Hospitals
• Museums
• Home health care agencies
• Financial institutions, such as banks and brokerage houses
• Schools and companies hiring school bus drivers and school bus attendants

Although you cannot expunge a misdemeanor in New York State, records about any case that was dismissed or that was otherwise terminated in your favor can be sealed. Records of convictions for most non-criminal offenses or violations can also be sealed. Misdemeanor or felony convictions cannot be sealed.