In New York, criminal records are created at the time an individual commits a crime and is arrested for it. These records contain information related to the crime committed, including a description of what occurred, the charges filed and the outcome of the charges. This is done for all misdemeanor and felony convictions in the state. The state does not provide open records to the public, but individuals are able to obtain their own records or those of others with written permission given by that individual.

Because of the restrictions in place, most people will need to gather New York criminal records from a local source whenever possible. Local law enforcement offices, county clerk offices and state court files may provide additional information. It is possible to gather some information from criminal records, though. In the state, the Division of Criminal Justice Services or DCJS is required to gather information and maintain all criminal information for those instances that occur within the state. The information is stored through the Criminal History Records department. All of this is on hand for records searches, but only authorized personnel can gather the information.

Individuals can obtain a criminal record for themselves. In cases of employers who wish to do a full background check on an individual, the first step is to obtain a proper waiver. The prospective applicant must sign that waiver and it must be submitted to the agency at the time of requesting information about the individual. It is not possible to get a third party criminal background check without this level of permission to do so.

To obtain any record that is available, individuals can contact the following address. This is where the criminal records are maintained at a state level.

New York State Division of Criminal Justice Services

4 Tower Place

Albany, New York 12203

It is possible to contact the agency for more information or to get a copy of the required waiver for third party searches. Also contact the agency when there are questions regarding the accuracy of any report given. Call 518 457-5837 for additional information.

For those who are able to access these records, it is important to know that there are other limitations. Any file of a person under the age of 18 is restricted. Only courts can have access to this information unless the court allows a third party to gather the information. In addition, federal records are not maintained with state records. Individuals convicted of federal charges will have a separate file of this information on file with the Federal Bureau of Investigation. These files are not available to the public.

In New York, criminal records can provide a good deal of information but accessing them can be more difficult. Individuals are encouraged to gather information about their own criminal records using the previous search information and to verify the accuracy of that information. In situations where errors do occur, it is important to correct this information as soon as possible through the appropriate authority.

• New York Crime Reports & Statistics

• New York Sex Offender Registry Search