If you have been arrested for a crime in New York, it’s important to understand where your arrest and conviction records may be kept. The New York State Department of Criminal Justice Services (DCJS) maintains official arrest and conviction history records, also known as rap sheets. These records can only be accessed with fingerprints and do not include expunged marijuana records.
The FBI also keeps a rap sheet with conviction information from every state and federal court, and access to these records also requires fingerprints. In addition, credit reporting agencies may have criminal background reports, though they are not always accurate.
The court system keeps an informal history of convictions, which can be searched based on your name and birthday without needing fingerprints. However, sealed records and expunged marijuana records should not appear in this search.
It’s important to note that only official personnel and the individual can obtain sealed records, and employers and credit reporting agencies cannot access them. The cost for a criminal history record search (CHRS) in New York is $95.00.
Key Takeaways:
- New York DUI records can be obtained through the New York State Department of Criminal Justice Services (DCJS) and the FBI.
- Credit reporting agencies may also have criminal background reports, but they may not always be accurate.
- The court system keeps an informal history of convictions that can be searched by name and birthday.
- Sealed records and expunged marijuana records should not appear in this search.
- Only official personnel and the individual can access sealed records, not employers or credit reporting agencies.
- The cost for a criminal history record search in New York is $95.00.
DUI Charges and Penalties in New York
In the state of New York, there are several charges related to drunk driving. The most basic charge is driving while intoxicated (DWI), which applies to drivers with a blood alcohol concentration (BAC) of 0.08% or higher or those whose ability to drive is visibly impaired. Driving while ability impaired (DWAI) is charged when the driver’s BAC is between 0.05% and 0.07% or if there is evidence of impairment. DWAI/Drugs is a charge for impairment caused by substances other than alcohol. Refusing a chemical test to determine BAC may result in a license revocation and a $350 civil penalty fine. New York also has a zero tolerance law, which means drivers under the age of 21 will be charged with a DWI if their BAC is 0.02% or higher.
For a first offense DWI in New York, the penalties include:
- Up to 1 year in jail
- A minimum fine of $500 to $1,000
- A license suspension of at least 6 months
- Mandatory alcohol screenings and evaluations
In 2017, there were 29 driving fatalities caused by DUI/DWI involving drivers under the age of 21, and 82 offenders under the age of 18 were caught for DUI/DWI. In 2018, there were 21 driving fatalities caused by DUI/DWI involving drivers under the age of 21, and 59 offenders under the age of 18 were caught for DUI/DWI.
Availability of DUI Records Search in New York Counties
If you’re looking to perform a DUI records search in New York, you’ll be pleased to know that this service is available in various counties across the state. By utilizing this search, you can access valuable information related to DUI offenses and convictions. Below is a comprehensive list of the New York counties where the DUI records search is available:
| Albany County | Broome County | Chautauqua County | Columbia County | Delaware County |
|---|---|---|---|---|
| Allegany County | Cattaraugus County | Chemung County | Cortland County | Dutchess County |
| Bronx County | Cayuga County | Chenango County | Clinton County | Erie County |
| Genesee County | Hamilton County | Herkimer County | Jefferson County | Kings County |
| Lewis County | Livingston County | Madison County | Monroe County | Montgomery County |
| Nassau County | New York County | Niagara County | Oneida County | Onondaga County |
| Ontario County | Orange County | Orleans County | Oswego County | Otsego County |
| Putnam County | Queens County | Rensselaer County | Richmond County | Rockland County |
| St. Lawrence County | Saratoga County | Schenectady County | Schoharie County | Schuyler County |
| Seneca County | Steuben County | Suffolk County | Sullivan County | Tioga County | Tompkins County | Ulster County | Warren County | Washington County | Wayne County |
These counties encompass a wide range of locations within New York State, ensuring that individuals across the state have convenient access to DUI records searches. Whether you’re in Albany County or Yates County, you can take advantage of this powerful tool to obtain the information you need.
Procedures for Conducting a DUI Records Search in New York
To conduct a DUI records search in New York, you have two options. The first option is to submit your request online through the on-line Direct Access application. This convenient method allows you to obtain the results of your search in real time, providing you with immediate access to the information you need.
Alternatively, you can choose to complete the Criminal History Record Search (CHRS) Application Form and mail it to the New York State Office of Court Administration. Simply provide clear and accurate information, including the full name and date of birth of the individual you are searching for. Remember to double-check the details to ensure the accuracy of your request.
For the processing of your request, a fee of $95.00 must be paid. To facilitate this, please make the payment by check or money order payable to the N.Y.S. Office of Court Administration. Kindly note that cash payments are not accepted. It is important to have the correct payment method to ensure a smooth transaction.
Once your request is submitted and processed, the search results will be provided to you. However, it’s essential to be aware that the results are not certified and should not be mistaken for a “Certificate of Disposition” issued by the court. Keep in mind that the NY Statewide CHRS report does not encompass a nationwide background check or an FBI background search check. Additionally, it does not include family, civil, or federal court case information, and case dispositions for non-criminal offenses are also excluded.