Neither of these records should be available.
However, despite what we attorneys think should show on your record, the only sure way to know what's on your record is by getting a copy of the record yourself. Fortunately, you do not need an attorney to request your own Record Review. The following information is from the official New York State Division of Criminal Justice Services website:
IF YOU LIVE IN NEW YORK STATE
You need to schedule an appointment with L-1 Identity Solutions as they are contracted with New York State to provide this service. They have approximately 100 fingerprinting sites throughout the State and even have some that offer evening and weekend hours. They may be contacted at 1-877-472-6915 or via their website www.L1enrollment.com. You will be required to provide two acceptable forms of identification when you appear for your appointment.
IF YOU LIVE OUTSIDE NEW YORK STATE
You need to contact the DCJS Record Review Unit at 518-485-7675 or 518-457-9847 to request a cardscan packet which you need to complete and send to the L-1 Identity Solutions address on the application.
How much does it cost?
The current processing fee is $61.50 ($50.00 DCJS processing fee and $11.50 L-1 fingerprinting fee)
How long does it take?
Seven to ten business days from the time DCJS receives your fingerprints from L-1
What if there is a mistake on my criminal history?
When you receive your record from DCJS, you will also receive information on how to challenge any aspect of your criminal record
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. You may contact me directly for a free private consultation if you desire.
They should not be for Juvenile's or YO's.
Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
No. These records should be sealed.
I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.