Schenectady County, New York Arrest Records
Schenectady County arrest records are official documents that contain detailed information about individuals who were apprehended and held in custody by local law enforcement agencies. Some examples of these local law enforcement agencies include the Schenectady County Sheriff’s Office and municipal police departments, such as the Schenectady Police Department and Rotterdam Police Department. Following an arrest, the arresting agency typically creates and maintains an arrest record to document the incident. The primary public interest purpose of arrest records is to ensure that members of the public are informed about actions, specifically arrests, carried out by local law enforcement agencies. Arrest records also provide a means of holding local law enforcement agencies accountable, as they may be reviewed to verify their actions align with applicable laws.
Generally, the New York Freedom of Information Law (FOIL) controls the release of Schenectady County arrest records. Data from these records is also featured in other government records, such as Criminal History Records compiled by the New York Division of Criminal Justice Services (DCJS). However, Criminal History Records are not subject to the FOIL. These records are released only to eligible individuals in accordance with applicable law. For instance, an individual can obtain a copy of their Criminal History Record maintained by the DCJS under 9 NYCRR §6050.1
Are Arrest Records Public Information in Schenectady, New York?
Yes. In Schenectady County, arrest records are presumed public under the New York Public Officers Law, Article 6, Sections 84 to 90, also known as New York’s Freedom of Information Law (FOIL). The law establishes the general public’s right to access government records, including those generated by law enforcement agencies, unless an FOIL exception permits an agency to deny access.
FOIL provisions apply to all persons. Thus, there are no county residency requirements for requesting access to public arrest records pursuant to the law. Furthermore, record seekers are not statutorily required to provide any form of identification before accessing public records. However, they must provide sufficient identifying information about the sought-after record to facilitate a search, such as the arrestee’s name and the estimated time of arrest.
What Do Public Schenectady County Arrest Records Contain?
Typical information found in public Schenectady County arrest records includes, but is not limited to, the following:
- The arrestee’s name
- Date of birth and ID number
- Physical description (i.e., race, gender, weight, height, eye color, and hair color)
- Arrest date
- Booking details:
- Booking date and time
- Booking number
- Custody status
- Facility
- Charge details
- Bail amount (if applicable)
Although most arrest records are public, the New York FOIL exceptions may warrant law enforcement agencies and other record custodians to redact certain elements or withhold an entire arrest record. Some examples of these records include:
- Sealed arrest records (N.Y. Criminal Procedure (CPL) § 160.59)
- Juvenile arrest records (N.Y. Family Court Act (FCT) § 381.3)
- Mugshots or booking photographs per New York Public Officers Law §89 2(b) viii)
- Any arrest records per New York Public Officers Law Article 6 §87, 2(e) if disclosure would:
- Interfere with an ongoing investigation
- Deprive an individual of their right to a fair trial or impartial adjudication
- Reveal the identity of a confidential source or disclose confidential information relating to a criminal investigation
- Reveal confidential criminal investigative procedures or techniques
Schenectady County, New York Arrest Search
Interested persons may find Schenectady County arrest records by requesting and reviewing official criminal history records maintained by the New York Division of Criminal Justice Services (DCJS). The DCJS is New York’s central repository of criminal history records. These records are compilations of arrest, indictment, conviction, and sentence information that criminal justice agencies across New York, such as police departments, district attorneys’ offices, and courts, have reported to the DCJS.
Official criminal history records maintained by the DCJS are not subject to the New York Freedom of Information Law (FOIL). Thus, these records are not considered public. DCJS only releases them to the record subject, their attorney, and qualifying third parties, such as eligible employers and licensing agencies. There are two types of criminal history records that eligible persons may request: unsuppressed and suppressed. The former contains all criminal history records that DCJS has on a subject, including hidden and sealed records. By contrast, the latter does not include sealed or hidden information.
Depending on where a requester resides (i.e., within or outside New York), the steps for requesting criminal history records from the DCJS may vary. Notwithstanding, they must provide the appropriate service code to identify the types of criminal history records they wish to request:
- Suppressed Record: 15464Z
- Unsuppressed Record: 15465F
Additionally, requesters must also provide one acceptable form of identification. They may find the list of acceptable forms of identification on the DCJS third-party service provider’s website (IdentoGo) or by calling 877-472-6915. Furthermore, parents or guardians requesting records on behalf of a minor aged 11 to 17 who does not have an acceptable form of identification must complete the New York Photo ID Waiver for Minors form.
New York Residents
- Step 1: Schedule a fingerprinting appointment by visiting the IdentoGo website or calling 877-472-6915. Requesters must also provide the relevant service code to identify the type of criminal history record being requested (i.e., suppressed or unsuppressed record)
- Step 2: Bring the required items to the scheduled fingerprinting appointment, including one form of identification, a completed New York Photo ID Waiver for Minors form (if applicable), and the appropriate fee payment. New York residents are charged $17.50 per request, payable by credit card, check, or money order. Note that checks and money orders must be addressed to “Idemia”.
Out of State Residents
- Step 1: Visit the IdentoGo website and select the appropriate service code.
- Step 2: Click on “Locate an Enrollment Center”. Afterward, requesters must enter their current zip code, city, and state of residence to find the nearest fingerprinting center.
- Step 3: Schedule a fingerprinting appointment and bring the required items, such as a form of identification, a completed New York Photo ID Waiver for Minors form (if applicable), and the appropriate fee payment. Out-of-state residents are charged $47.50 per request. However, if there are no nearby fingerprinting centers, requesters may complete the FBI (FD-258) fingerprint card and contact a local law enforcement agency to have their fingerprints taken on the card. Once completed, requesters may visit the IdentoGo website and enroll for Cardscan submission. They must also provide an appropriate service code, an acceptable form of Identification, and pay a $17.50 fee. After completing their enrollment and paying the required fee, they will receive a confirmation page containing a barcode. The confirmation should be printed, signed, and mailed along with the completed fingerprint card to:
Prints, Inc
IdentoGO NY Card Scan Operations
100 Salem Ct.
Tallahassee, FL 32301
Generally, it takes the DCJS three (3) to four (4) weeks to process a criminal history records request upon receipt.
Interested persons may also find arrest information of individuals held in state or federal custody through the New York Department of Corrections and Community Supervision (DOCCS) and Federal Bureau of Prisons (BOP). These agencies provide free online resources that allow individuals to access information about people in their custody. The DOCCS has an Incarcerated Lookup portal, while the BOP offers an Inmate Locator portal.
Schenectady County Inmate Locator
Unfortunately, the Schenectady County Sheriff’s Office does not provide online resources for accessing information about current county jail inmates. Nonetheless, interested persons may visit or contact the county Sheriff’s Corrections Division to make inquiries about county jail inmates. They must possess sufficient information about a subject, such as the inmate's full name. Schenectady County Corrections may be contacted at:
320 Veeder Ave.
Schenectady, NY 12307
Phone: (518) 388-4300
Fax: (518) 388-4593
Active Warrant Search in Schenectady County
Per N.Y. Criminal Procedure (CPL) §120.10, an arrest warrant is a court order directing a police officer(s) to arrest a defendant. In Schenectady County, judges of local criminal courts have the authority to issue an arrest warrant upon the filing of an accusatory instrument against the defendant. According to N.Y. CPL §120.10 (2), an arrest warrant must state:
- The name of the issuing court.
- The warrant’s issuance date.
- The name or title of the charged offense in the underlying accusatory instrument.
- The defendant's name or any description that may be used to identify the defendant with reasonable certainty.
- The police officer(s) to whom the warrant was addressed.
There is no centralized database containing information about active warrants in Schenectady County. Nonetheless, individuals may contact local law enforcement agencies, such as the Schenectady County Sheriff’s Office and municipal police departments, to inquire about warrants they are responsible for executing. Depending on how an agency operates, such inquiries may be made in person or by phone. Individuals may be required to present a valid ID when making in-person inquiries, and they risk arrest if a warrant against them is discovered.
Another way to find active warrants in Schenectady County is through the local courts. Interested persons may use the New York eCourts Webcriminal portal to find information about criminal cases, including warrants that may have been issued in the case. Alternatively, they may visit local courts to inquire about active warrants issued by the court.
|
Agency / Resource |
Purpose |
Search Methods |
Notes |
|
Schenectady County Sheriff’s Office |
Maintains and executes warrants |
Phone and in person |
May only provide information about warrants the agency is directly responsible for executing. |
|
New York State Unified Court System |
Offers online access to public court records |
Online |
Information about warrants across New York may be available. |
|
Local courts |
Maintains and issues warrants |
In person |
Only local warrants are available |
How to Find Arrest Records for Free in Schenectady County
In Schenectady County, there are no government-provided online resources that allow individuals to access arrest records or information for free. Primarily, record seekers may submit a FOIL request to or conduct a local background check through local law enforcement agencies to find arrest records, both of which are subject to certain fees. Nonetheless, some agencies may allow individuals to inspect public arrest records in person for free.
Generally, individuals must possess sufficient information about the sought-after record to assist in its identification. These may include the arrestee’s full name and the approximate arrest date.
Schenectady County Arrest Report
Schenectady County arrest records and arrest reports may share similar elements, but are vastly different. An arrest record is a concise entry in an official law enforcement and court database outlining basic information about an arrest, such as the arrestee’s name, arrest date, and charges.
On the other hand, an arrest report is a comprehensive document prepared by an arresting officer that details their personal account of what happened during and following an arrest. The contents of these reports typically include basic details about the arrest, the arresting officer’s observations, evidence collected at the scene, and any witness statements.
How to Get an Arrest Record Expunged in Schenectady County
Schenectady County arrest records cannot be expunged, but may be eligible for sealing under relevant state laws. The primary difference between sealing and expunging a record is that expunged records are destroyed and treated as though they never existed. Meanwhile, sealed records become confidential and only accessible to eligible persons and entities, such as the record subject and criminal justice agencies.
Per New York State’s Clean Slate Act, eligible arrest records are automatically sealed after a required waiting period, provided the record holder maintains a clean record and is no longer on parole or probation. The act applies to arrests resulting in most felony and misdemeanor convictions, with the exceptions of the following:
- Individuals with pending criminal charges
- Registered sex offenders
- Offenders who received a life sentence
- Individuals who have been convicted of a class A felony, such as murder.
Individuals with no more than two convictions may also apply to get their criminal records, including related arrest records, sealed under N.Y. Criminal Procedure Law (CPL) §160.59, provided the following conditions are met:
- They have received a maximum of two (2) convictions throughout their life or over two (2) convictions resulting from the same one or two incidents.
- They received only one felony conviction
- More than 10 years have passed since their last conviction or incarceration. Time served on probation or parole is also factored into the 10-year waiting period.
CPL §160.58 also permits the conditional sealing of certain eligible arrest records. Eligible individuals may apply for arrest record sealing under CPL §160.59 or §160.59 using the NY courts' sealing application packet, which contains instructions for completing and filing the sealing application.
How Do You Remove Schenectady County Arrest Records From the Internet?
The primary way to ensure Schenectady County arrest records are removed from the internet is to apply to have the record sealed. Sealed arrest records are generally considered confidential. As a result, government and private entities are legally required to remove sealed records from public databases they maintain to restrict public access to the records. Record holders may need to provide a copy of their court sealing order to third-party aggregate websites to compel the removal of their arrest record.
Most third-party aggregate websites also allow individuals to opt out of their services, effectively removing their public records, including arrest records, from the site’s database. Depending on how the website operates, they may provide an online opt-out form or a dedicated phone number that individuals may use to make opt-out requests.