Division of Criminal Justice Services

Requesting Your New York State Criminal History

The Division of Criminal Justice Services (DCJS) is responsible for maintaining the New York State’s official criminal history records. The agency is the only source of these official records.

You must submit your fingerprints when you request a criminal history record response. This allows DCJS to match your fingerprints to fingerprint-based records the agency is required by law to keep.
You will get either:

  • A copy of your New York State criminal history record, commonly called a “rap sheet.”
  • A “no record” response, which verifies that you have no New York State criminal history record.

If you have submitted fingerprints as required by law for employment, licensing or other purpose (for example, adoptions), you also will see that information on your criminal history record response. These responses also may be called fingerprint-based criminal background checks, police certificates or police certifications.

New York State’s Clean Slate Act

New York State’s Clean Slate Act takes effect Nov. 16, 2024, and provides the state Office of Court Administration (OCA) up to three years to develop the required processes to automatically seal eligible conviction records. Once that work is complete, convictions that meet certain criteria will be sealed for certain civil background check purposes.

It is important to note that until OCA implements these sealing processes, any criminal history record provided through the DCJS Records Review process will continue to include convictions that eventually will be sealed because of Clean Slate. DCJS cannot seal records until receiving an order from the court to do so.

NOTE: Records of individuals convicted of sex crimes and non-drug Class A felonies, including murder, will not be sealed. Police departments, sheriffs’ offices, prosecutors, the courts, and any employer permitted by to perform fingerprint-based background checks on job applicants will continue to have access to all criminal records under the law.

Additional information about the Clean Slate Act >>

What You Need to Know

  • Official criminal history records maintained by the Division of Criminal Justice Service detail arrest, indictment, and conviction and sentence information reported to the state by police departments, district attorneys’ offices, the courts and other criminal justice agencies.
  • These records are not considered public records. They cannot be provided under the state’s Freedom of Information Law and DCJS does not release criminal history records to third parties or businesses that sell “background checks.”
  • Third parties or businesses that sell “background checks” get that information by searching public databases and records by name, date of birth or other demographic information, such as home addresses. Those records are not fingerprint-based.
  • There must be a local, state, or federal law that allows a potential employer or licensing agency to ask you to submit fingerprints to DCJS so you can be considered for a job or professional license. The potential employer or agency that grants the license must make you aware of that requirement.
  • This Federal Equal Employment Opportunity Commission (EEOC) guidance provides additional information for job applicants with criminal records.
  • You cannot request a criminal history record response for another person to determine if that person has a criminal history.
  • Requesting your criminal history record gives you and/or your attorney the chance to review criminal history record information reported to and maintained by DCJS to ensure it is accurate and/or to correct incomplete or incorrect information. Review these FAQs for more information.
  • You can request a criminal history record response that is either unsuppressed or suppressed. If you need both responses, you must submit a separate request for each.
    • Unsuppressed criminal history record: This response contains all criminal history records, including those suppressed (hidden) or sealed (as ordered by a court) under New York State Criminal Procedure Law (CPL), including:
      • CPL 160.50 dismissed casesCPL 160.55
      • violation/infraction convictions
      • CPL 160.58 eligible substance abuse and related convictions
      • CPL 160.59 eligible convictions granted by the court
      • CPL 720.35 youthful offender adjudications
      • Individual charges dismissed in court and the equivalent arrest charges, if the case was disposed on or after Nov. 1, 1991.
    • Suppressed criminal history record: This response does not include sealed or suppressed information, as detailed above.

Criminal History Record Guide

This Criminal History Record guide provides an example of a criminal history record and what type of information can be included.

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Requesting Your Criminal History while Living in New York State

1. Schedule an appointment to have your fingerprints taken. Visit the IdentoGo website or call 877-472-6915 to do this. You must provide one of the following service codes:

15464Z: Suppressed Record

15465F: Unsuppressed Record

If you are requesting a record for international purposes, you must select "travel/other country" or other "international purpose" as the reason for fingerprinting. This allows DCJS to provide the required, signed and notarized document so you can obtain an apostille from the Department of State.

2. Bring the following with you to your fingerprinting appointment:

One form of identification. Visit the IdentoGo website or call -877-472-6915 for information about acceptable forms of identification.

If you are a parent or guardian making a request for child ranging in age from 11 to 17 who does not have an acceptable form of ID, you must complete this New York Photo ID Waiver for Minors form.

AND

Payment: $14.25 (as of 5/1/2024). Credit cards, checks and money orders are accepted. Checks or money orders must be made out to "Idemia."

3. After DCJS receives your request:

  • Your request will be processed and response returned via U.S. mail within three to four weeks. You cannot pick up your response in person.
  • Your response may include one or more of the following: your criminal history record, information about fingerprints you submitted as required by law for employment, licensing, or other purpose(s), or a “no record” response.
  • You also will receive information explaining how to challenge the accuracy of any reported information.

Requesting Your Criminal History while Living Outside of New York State

1. Visit the IdentoGo website and enter one of the following service codes:

15464Z: Suppressed Record
15465F: Unsuppressed Record

If you are requesting a record for international purposes, you must select "travel/other country" or other "international purpose" as the reason for fingerprinting. This allows DCJS to provide the required, signed and notarized document so you can obtain an apostille from the Department of State.

2. After entering the appropriate service code, click “Locate an Enrollment Center” and enter your zip code, or your city and state, to find a center near you.

3. Schedule your appointment and bring the following with you:

One form of identification. The IdentoGo website has information about acceptable forms of identification.

If you are a parent or guardian making a request for child ranging in age from 11 to 17 who does not have an acceptable form of ID, you must complete this New York Photo ID Waiver for Minors form.

AND

Payment: $44.25 (as of 5/1/2024). Credit cards, checks and money orders are accepted. Checks or money orders must be made out to "Idemia."

If there is no IdentoGo location near you:

Download, print and complete an FBI (FD-258) fingerprint card and then contact your local law enforcement agency to have your fingerprints taken on the card.

Once the card is complete with your fingerprints, visit the IdentoGo website and enroll for Cardscan submission. You must provide one of the following service codes:

15464Z: Suppressed Record
15465F: Unsuppressed Record

If you are requesting a record for international purposes, you must select "travel/other country" or other "international purpose" as the reason for fingerprinting. This allows DCJS to provide the required, signed and notarized document so you can obtain an apostille from the Department of State.

If you are a parent or guardian making a request for child ranging in age from 11 to 17 who does not have an acceptable form of ID, you must complete this New York Photo ID Waiver for Minors form.

IdentoGo charges $14.25 (effective 5/1/2024) for this service; the fee must be paid when you enroll for Cardscan submission.

After you complete your enrollment and pay the fee, you will receive a confirmation page with a barcode printed on the top right of the page. Print and sign the confirmation page and mail the signed confirmation page and the completed fingerprint card to:

IDENTOGO
Cardscan Department-NY Program
340 Seven Springs Way, Suite 250
Brentwood, TN 37027

NOTE:

IDENTOGO will not forward pre-paid envelopes to DCJS.

If you are out of country, please email us at RecordReview@dcjs.ny.gov. Alternatively, you may call 518-457-9847 or 518-485-7675.

4. After DCJS receives your request:

  • Your request will be processed and response returned via U.S. mail within three to four weeks. You cannot pick up your response in person.
  • Your response may include one or more of the following: your criminal history record, information about fingerprints you submitted as required by law for employment, licensing, or other purpose(s), or a “no record” response.
  • You also will receive information explaining how to challenge the accuracy of any reported information.

Requesting an Application to Waive the Fingerprint Processing Fee

If you are unable to pay the $14.25 fingerprint processing fee, you must request a criminal history record fee waiver application packet by:

Email: RecordReview@dcjs.ny.gov

or

Surface Mail: Records Review Unit, New York State Division of Criminal Justice Services, 80 South Swan St., 5th Floor, Albany, New York 12210

Note: You must provide your current, complete mailing address so DCJS can mail the application packet to you.

Sealing of Certain Convictions

Sealing means that all of the arrest, court and prosecution records related to certain convictions are confidential and cannot be seen except under the following circumstances as required by state law:

  • If an individual is applying for a job as a police or peace officer; and,
  • If an individual is applying for a pistol permit.

Marijuana Convictions

State law requires the sealing of convictions for the following offenses that occurred prior to March 31, 2021: unlawful possession of marijuana; third-, fourth-, and fifth-degree criminal possession of marijuana; and fourth- and fifth-degree criminal sale of marijuana.

In addition, state law allows individuals convicted of unlawful possession of marijuana and fifth-degree criminal possession of marijuana to seek destruction of those conviction records. A formal request to destroy those records must be made through the state Office of Court Administration (OCA). Please visit the OCA website for more information about that process.

Note: If you are satisfied with the confidentiality that record sealing already provides, you are not required to apply for expungement or destruction of conviction records.

Other Convictions

Individuals who have no convictions on their record for at least 10 years and have no charges pending may apply to a court to request that certain New York State convictions be sealed:

Verifying that Convictions are Sealed

You or your lawyer can use these forms to receive verification from DCJS that a court-ordered seal under state Criminal Procedure Law (CPL) Sections 160.59, 160.55, or 160.50 has been applied to your New York State criminal history record.

  • CPL 160.59 Seal Verification Form – Use this form if you received a court order seal related to a conviction that occurred more than 10 years ago.
  • CPL 160.55 Seal Verification Form – Use this form if you are requesting verification of a seal related to a felony or misdemeanor arrest that resulted in a conviction to either a traffic infraction or violation.
  • CPL 160.50 Seal Verification Form – Use this form if you are requesting verification of a seal related to an arrest that resulted in the termination of the criminal proceedings in their favor (for example: decline to prosecute, dismissal or acquittal). 

Note: A copy of the signed seal order from the court or notice of decline to prosecute from the district attorney must be mailed with the verification form.

After DCJS receives your request, it will be processed and a response will be returned via U.S. mail within two weeks. You cannot pick up your response in person.

For more information about the criminal history record request process, please email us at RecordReview@dcjs.ny.gov. Alternatively, we can be reached at 518-457-9847 or 518-485-7675 between 8 a.m. and 4 p.m. Monday through Friday (except legal holidays).

 

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