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Who Has Access to My Criminal Record in New York City?
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Who Has Access to My Criminal Record in New York City?
Dealing with a criminal record can be stressful and confusing. You may be wondering who has access to your criminal record and what that means for things like employment, housing, and more. This article provides an overview of who can access criminal records in New York City and what your options are.
New York State Criminal Records
In New York, criminal records are maintained by the New York State Division of Criminal Justice Services (DCJS). The DCJS maintains a computerized database of criminal history information that includes felony and misdemeanor convictions, violations, and certain traffic infractions in New York state. Not everyone can access these state criminal records. Access is limited to certain authorized agencies and officials, including:
- Law enforcement agencies
- Prosecutors
- Courts
- Probation and correctional agencies
- Other state agencies as authorized by law
So generally, potential employers, landlords, or other private entities do not have access to the state criminal record database maintained by the DCJS. There are some limited exceptions where access may be allowed (see below).
FBI Criminal Records
The FBI also maintains national criminal record information through its National Crime Information Center (NCIC) database. This includes records submitted by federal, state and local law enforcement agencies across the country. Like the state records, access to FBI criminal records is also limited. Private citizens and most businesses do not have direct access to FBI criminal records. Access is generally limited to criminal justice agencies for authorized purposes such as conducting criminal investigations.
New York City Criminal Records
In addition to New York state records, New York City maintains its own central repository of criminal records through the NYPD. This database includes arrest and prosecution records for violations, misdemeanors and felonies in the five boroughs. As with state records, access to NYPD criminal records is also restricted. The general public cannot walk into a police precinct and request to look at criminal records. However, New York City does have a public online inmate lookup that provides information on people currently in the custody of the NYC Department of Correction. This includes details like inmate name, ID number, race, age, bail amount, date admitted, charges, and next court date.
When Can My Criminal Record Be Accessed?
While access to criminal records is restricted, there are certain scenarios when your criminal record could still be accessed and reviewed:
Background Checks for Employment
Many employers will conduct criminal background checks on job candidates, especially for positions involving working with vulnerable groups like children and the elderly. In New York, employers generally can only ask about and consider convictions that occurred in the past 10 years (7 years for misdemeanors). Certain types of employers such as law enforcement agencies may be able to conduct more in-depth checks into a person’s criminal history. If a conviction comes up in a background check, employers are supposed to evaluate it based on factors like the nature of the offense, time passed, and relevance to the job duties before making a hiring decision. However, many employers still immediately reject applicants with a criminal record.
Background Checks for Housing
Landlords in New York City typically also conduct background checks and will look at criminal history. In general, landlords can ask about and evaluate convictions that are less than 7 years old. They are supposed to consider additional factors before outright denying housing, but discrimination still frequently occurs. Certain types of residences, like public housing, may prohibit people with certain criminal convictions.
Court Proceedings
If you are the defendant in an active criminal case, prosecutors and judges assigned to the case will also have access to your criminal record details. This includes past conviction history which may impact sentencing.
Applying for Certain Licenses
Applying for certain professional licenses and certifications often requires undergoing fingerprint-based FBI background checks. This allows the licensing agency or board to review your national criminal record and evaluate if you meet “good moral character” standards. Some examples include applying for security guard licenses, teaching certifications, nursing licenses, and commercial driving licenses requiring hazmat endorsements.
What Can You Do If Your Criminal Record Comes Up?
If your record does come up in a background check for a job, license, apartment, or other scenario, there are options to help prevent it from automatically and unfairly denying you opportunities.
Explain the Circumstances
For convictions that are more than 7-10 years in the past, you may be able to argue that it should not impact current decisions. Be prepared to discuss what happened, steps you’ve taken to change, and why the conviction isn’t relevant. Supporting materials like training certificates, positive references, and evidence of rehabilitation can help.
Seal Past Convictions
Many states including New York allow for past criminal convictions to be sealed, which can help limit access and the impact on your life. In New York, you may be able to get low level convictions sealed after a period of 10 years (for felonies) or 5 years (for misdemeanors) where you have no new convictions. More serious violent felonies typically cannot be sealed. Consult with a criminal record sealing attorney to understand if your record can be sealed.
Seek a Certificate of Relief/Good Conduct
Alternatively, you may be able to apply for a Certificate of Relief from Disabilities or Certificate of Good Conduct in New York. This can help demonstrate your rehabilitation and current good character. While it doesn’t seal or expunge convictions, it can help mitigate collateral consequences and may convince employers, landlords, and licensing agencies to look past your criminal record.
File Discrimination Complaints
If an employer, housing provider, or other entity denies you based solely on a past criminal conviction without considering additional factors, it may constitute illegal discrimination. Consult with an attorney to evaluate if you can file complaints with the state labor department, human rights commission, or other agencies.
Consult an Attorney
Dealing with criminal records and background checks can be complex, but legal help is available. Connect with a criminal defense, record clearing, or discrimination attorney serving New York City to understand your rights. They can also advise on record sealing, certificates of relief, discrimination disputes, and other strategies tailored to your specific situation.