Legal Question in Family Law in New York

Arrest Records

How do I get an arrest record from NY State to prove that my son's father has been arrested. He is claiming he hasn't. His arrest resulted in probation, and he was on probation when I met him in 1990, but it was the last yr of his 5yrs. Aren't crimminal records public information? Why will no agency in Erie County provide me with this information?


Asked on 5/11/03, 11:01 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Arrest Records

You must write to:

NYS Division of Criminal Justice Services

Civil Identification Bureau

4 Tower Place

Albany, NY 12203-3764

The agency will send you a packet. You will have to provide the following with the completed packet:

� Fingerprints information form (obtained from your local police department;

� A copy of your driver�s license (or other form of picture identification;

� A money order for $25.00 paid to the order of NYS Division of Criminal Justice Services.

Mike.

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Answered on 5/12/03, 8:08 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Arrest Records

arrest information is not public information and is not available to the general public (you). However, if he was on probation then he was CONVICTED of the crime. CONVICTIONS ARE A PUBLIC RECORD AND ARE AVAILABLE TO THE GENERAL PUBLIC (you). The local courthouse should have a procedure for you to make a written request for this information. There is one more point: how old was the man when he was convicted of the crime? If he was a juvenile (under 18 years of age) then the record might have been sealed and not available to the general public. In this case, you will have to get a court order (request the court demand this information). The court may or may not issue such an order depending on the nature of the crime and what you will 'show' with the information. you are welcome to a consultation for no cost at my office at 42 west 44th st, ny,ny. please call for an appointment first - 646-591-5786

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Answered on 5/12/03, 11:28 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Arrest Records

I am in Maryland and YES, conviction records are public information. If you encounter a problem, contact me and I will obtain the documents you require.

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Answered on 5/12/03, 9:33 pm


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