Westchester County, New York Arrest Records
Westchester County arrest records are documentary materials that reflect details of when a person is taken into cunstody by law enforcement, usually based on suspicion of a crime. In line with the state’s transparency policy, authorities such as the courts and the county's detention facilities typically maintain public-facing avenues for retrieving information about individuals who have been stopped and detained by police officers within the county.
While these records are typically created and maintained by the Westchester County Department of Public Safety and other local police departments such as the Yonkers Police Department or the New Rochelle PD, access to arrest records and the procedures for retrieval in Westchester County, New York, is primarily governed by the New York State Criminal Procedure Law (CPL) particularly Article 120 (Warrant of Arrest) and Article 140 (Arrest Without a Warrant). Public access to these records is further regulated by the New York State Freedom of Information Law (FOIL).
Are Arrest Records Public Information in Westchester, New York?
Arrest records are generally considered public information in Westchester County, New York. The Westchester County Department of Public Safety and local police departments often designate one or more persons as records access officers to make records available to members of the public. This means that anyone may walk into the office lobbies of these agencies and request to examine or copy information pertaining to specific arrest incidents.
However, not all arrest records or details in a record are public. Custodians are permitted by state law to redact certain sensitive portions and may do so prior to disclosure to prevent physical or reputational injury to the person whose name is on the records. Therefore, viewing redacted or withheld records may require additional paperworks such as an order of disclosure from a court of competent jurisdiction.
What Do Public County Arrest Records Contain?
The public-facing portions of a Westchester County arrest record typically contains the following information:
- The arrestee's jail identification number
- The full name of the inmate
- The individual's date of birth
- Alias
- The booking number (assigned for the specific arrest event). The clickable booking number allows users to see additional details such as:
- The arresting agency
- Order type
- Issue date
- Conviction date
- Bail amount
- Charges
- The court handling the case
- Custody status (e.g ACTIVE-IN)
- Booking date: the date and time when the person was formally processed into the jail population
- Next court date
The New York Public Records Act precludes certain records or portions of a record from public inspection. These include:
- Non-criminal offense arrests
- Misdemeanor redemption; single misdemeanors that occurred 10 years prior to the date of the request
- Governor's pardon
- Sealed arrest records
- Witness information
- Inventory of personal items found on the arrested individual at the time of arrest
State law views redaction as a necessary precaution to prevent the risk of criminal record being used adversely against an individual in any form.
Westchester County, New York Arrest Search
The New York State Office of Court Administration (OCA) is the hub for New York Statewide criminal history record search (CHRS), including searches for criminal case files pertaining to unresolved county arrests and arrest incidents that resulted in convictions. These records are public records that can be requested via the department's online Direct Access Program or by mailing the CHRS form.
For online searches, individuals must provide the arrested individual's exact name and date of birth and may search for a fee of $9.00.
Conversely, the Public Access to Court Electronic Records (PACER) System is the designated resource for viewing criminal case files including arrests and final dispositions of individuals who are detained by federal law enforcement in Westchester County. The online platform allows registered users to search for arrest-related criminal case files by name or case number for a fee.
If the inmate has already been convicted, individuals may use the BOP Inmate Locator Tool to search files containing details of arrest by name or file case number.
Westchester County Inmate Locator
The Westchester County Department of Public Safety website hosts a public access electronic database designed for looking up individuals who have been arrested and are being held in county prison. Anyone can visit their website and use this search tool to conduct searches by name or date of birth for arrestees who are being detained. To do this:
- Visit the Westchester County Department of Corrections website
- Navigate to Westchester Inmate Lookup page
- Click the Westchester Inmate Public Form
- Fill out the electronic form by entering the inmate's first and last name, date of birth, and age in the appropriate search fields
- Click “Search” to initiate a query.
Requests can also be submitted to the Records Unit of the Department in person. The Records Unit of the Westchester County Department of Public Safety is the unit responsible for storage and processing requests for police reports and can be reached by calling 914-864-7683 or in person by going to the county police headquarters to submit an Application to Inspect a Westchester County Department Public Safety Record (WCPD 82).
Westchester County Police Headquarters
1 Saw Mill River Parkway
Hawthorne, New York 10532
Tel: (914) 864-7700
Open 8:30 a.m. and 4:30 p.m. Monday through Friday (except on public holidays)
Active Warrant Search in Westchester County
An arrest warrant is a document issued by a judge or a magistrate on behalf of the state which authorizes the arrest and detention of an individual, usually based on suspicion of a crime. Warrants are typically issued by judges in instances where subsequent investigation has provided sufficient evidence to believe that a person committed a crime.
Active Westchester County arrest warrants typically contain the following information:
- The name of the suspect
- The command of the judge ordering the suspect's arrest
- The charge
- The law enforcement agency to whom it is addressed
- The name of the issuing court
- The signature of the judge
The warrant - fugitive unit of the Westchester County Department of Public Safety assumes the duty of investigating warrants of arrest issued by the Westchester County Supreme Court and other local courts operating within the county. Therefore, warrant confirmation usually requires contacting the records unit of Westchester County Department of Public Safety or the clerk of court or visiting them at their office location.
How to Find Arrest Records for Free in Westchester County
Westchester County arrest records can be accessed for free via the Westchester County Department of Public Safety. As the county's primary law enforcement agency, the department maintains a database for most county arrests. This database can be queried for detention summaries by name through the inmate search tool available on its official website. Individuals can go to police headquarters between 8:30 a.m. to 4:30 p.m. Monday through Friday to submit an inspection request.
Requesters must go along with an ID card, and while inspection itself is free, copies cost 25 cents per page or 45 cents for a 4 x 6 photo reproduction. They will be expected to fill the WCPD 82 form.
Westchester County Arrest Report
An arrest report and an arrest record, though often used interchangeably, are different. An arrest report refers to the initial notations made by the arresting officer at the point of contact with the suspect, narrating the events leading to the arrest, including probable cause, the weapon used, the arrested individual's conduct, and other relevant information. It begins at the point of arrest and it is typically completed during booking at the police station.
By contrast, an arrest record is typically a summary entry in a custodial or case system, reflecting key details about an arrest and booking incident, including the charge, the arresting agency, full name of the arrestee, as well as the date and time. It typically applies to scenarios where criminal charges are pending, and it's usually created to capture the full scope of the justice administration process, from the point of arrest to the present stage.
How to Get an Arrest Record Expunged in Westchester County
Expungement is the total erasure of a criminal record, including an arrest record, from all personal files and databases to make it seem as if the offense never occurred. While total erasure is not a remedy known to New York law, the Clean Slate Act provides for sealing, a legal remedy that restricts access to specified individuals, including the record subject, authorized law enforcement agencies, and the court.
To petition for sealing in Westchester County, New York, a prospective applicant must first understand how the process works.
- An applicant must have maintained a clean slate for at least ten (10) years since their release from prison or if they were not incarcerated, since their conviction.
- Only two convictions can be sealed, and only one of these convictions can be a felony.
- If the convictions resulted from the same stream of offenses, they will be treated as one for the purposes for sealing
- Beyond the two convictions, there mustn't be any other conviction pending
- Certain marijuana-related convictions are typically treated as if they never occurred and typically do not count towards the total number of convictions.
Once the prospective applicant has ascertained that they have met the stipulated preconditions, they may proceed by approaching the court that issued the sentence and request a Criminal Certificate of Disposition.
- Request as many for the number of convictions sought to be sealed and fill out a form for each of them. A $10 charge applies
- Applicants will also need to complete a Sealing Application (also known as the Notice of Motion and Affidavit in Support). Once completed, they will need to visit a notary public and have the form notarized.
- Notify the District Attorney’s office of the intention to apply for sealing. Make copies of all documents and deliver a set to the DA's office. If the convictions are from two different counties, send a copy to each of the county's DA's offices. This can be done by hand or by mail delivery.
- After the DA's office has been notified, proceed by filing the originals of the Sealing Application, Affidavit of Service, Certificate of Disposition, and any other supporting documents with the court clerk.
- It is vital to attach Evidence of proof of Rehabilitative such as educational transcripts, letter of recommendation or commendation from employers, successful completion of a drug or alcohol treatment program.
- The court does not charge a fee for filing.
- Use the Locator box to find the court's contact information.
- Once a signed sealed order is obtained, individuals can confirm if their record has been sealed by completing a Request for Seal Verification form and mailing it with a copy of the court signed Seal Order to the NYS Division of Criminal Justice Services (address is on the Request form).
How Do You Remove Westchester County Arrest Records From the Internet?
For an arrest record to be removed from the internet, there must first be a change in the legal status of the record such that continuous publication is invalidated by the law, which could be by sealing pursuant to the order of a court or the receipt of a governor’s pardon.
However, sealing does not automatically remove published records, and removing a record from the internet requires a different set of approaches that individuals may need to familiarize themselves with before taking any steps.
Most arrest records have a “Remove Record” or “Privacy Request” page. Individuals will typically need to send proof of identity and a copy of the Sealing Order from the court and request removal based on the fact that the record is now sealed under New York law.