Orange County, New York Arrest Records
Arrest records generated in Orange County, New York, are law enforcement documents detailing an individual's arrest and detention for crimes in the county. Arrest records are generated by arresting agencies and contain details about the arrest and events surrounding it. They may contain information such as the arrested person's name, physical description, photographs, fingerprints, booking information, the arresting agency, bail information, and the charges against them.
In Orange County, these records are generated by local law enforcement, including the Orange County Sheriff's Office, and municipal police such as the City of Middletown Police Department and the City of Newburgh Police Department.
Article 6 (§§ 84-90) of the New York Public Officers Law is also known as the Freedom of Information Law. This law determines that information maintained by government agencies, including arrest records created by law enforcement, is public information. Criminal History Records Information in New York is handled by Executive Law 35 and New York Criminal Procedure Law Article 160. The former establishes the Division of Criminal Justice Services (DCJS) as the central repository whose duties include the collection, maintenance, and dissemination of criminal history records. The latter defines the responsibilities of the police and courts when photographing, fingerprinting, and transferring offender information to the central repository.
Are Arrest Records Public Information in Orange, New York?
Orange County arrest records are typically considered public records under New York's Freedom of Information Law (FOIL). According to the law, the public may legally access and copy records generated by government agencies, including law enforcement, unless legal exemptions or other state laws exempt the information from public access.
Generally, formal photo identification is not compulsory when making online or written requests for online records. However, agencies may require identification and contact information when making copy pick-ups or requesting sensitive records in person. New York does not place residency restrictions on public record requests, meaning requesters do not have to be residents of Orange County or New York.
What Do Public Orange County Arrest Records Contain?
According to New York Law, public arrest records contain basic information describing the arrested person and the arrest itself. Officers collect this information during the booking or detention process. The exact information differs based on the agency, the exact type of record, and the circumstances of the arrest.
A public arrest record may contain the following information.
- The arrested person's full name
- Fingerprints and mugshot photographs
- The date, time, and location of the arrest
- The arresting agency
- Booking information, such as the number and time
- The criminal charges filed and the statutes the crimes violated
- Bond/Bail information
- Case disposition
- Inmate housing location
The Freedom of Information Law allows law enforcement agencies to restrict legally exempted information from public access. This information may be restricted from public access for several reasons, including the protection of personal privacy, compliance with state and federal laws, and compromising ongoing investigations.
Information typically restricted from public access includes the following.
- Records concerning juveniles and minor offenders
- Medical and mental health records
- Files that would detail investigative techniques or are tied to ongoing cases or investigations
- Information protected by privacy or confidentiality laws
- Records that have been sealed or expunged by court order
- Records restricted from public access under state or federal law.
Orange County, New York Arrest Search
Several options are available when searching for Orange County arrest records using state and federal resources. A person may request a copy of their own criminal history by attending a fingerprinting appointment via IdentoGO. After submitting fingerprints to IdentoGO and paying the applicable fees, the Division of Criminal Justice Services (DCJS) will process the application and fingerprints and return the criminal history records to the address provided during the appointment through U.S. mail within 4 weeks.
A statewide criminal history record search (CHRS) can also be requested from the New York State Office of Court Administration (OCA) for a $95 fee. These requests can be made either by completing and mailing a Criminal History Record Search Form or using the online Direct Access program.
Federal sources of arrest information include the online FBI Identity History Summary Checks Review Portal, where users can request a copy of their own identity history summary (Rap sheet). Record seekers may use the portal to try for an online request or download the forms, fill them out, and mail them to:
FBI CJIS Division - Record Request
1000 Custer Hollow Road
Clarksburg, WV 26306
If the arrest ended in a federal criminal case, record seekers may search for arrest information in criminal case files using the Public Access to Court Electronic Records (PACER) database.
Orange County Inmate Locator
Individuals seeking Orange County arrest records and inmate information may contact the Orange County Sheriff's Office or the Corrections Division, which maintains the jail, directly using the following contact information.
Orange County Sheriff's Department and Jail
110 Wells Farm Road
Goshen, NY 10924
Sheriff's Office Phone: (845)862-6399
Jail Phone: (845)291-7713
How to Find Arrest Records for Free in Orange County
Although the county sheriff does not offer a free online jail roster for arrest and inmate information, inquiries can be made directly to the office or its correction division. Inquiries about inmate information may be free, but copies of records typically incur copy costs.
A free search, where available, generally covers recent arrest logs and booking information. Older records may require a full public record request in person or by mail. When making any type of request, it is advisable to have as much identifying information as possible, such as the person's full name, inmate number, arresting agency, case number, or date of birth. An individual does not have to be a resident or provide identification to request public records under New York law. However, identification may be necessary when requesting copies or sensitive/redacted information that does not appear in free sources.
Orange County Arrest Report
Orange County arrest records and arrest reports are two related but distinct records that document an individual's interaction with law enforcement. An arrest record is generally a summarized or administrative entry in a case management system/database that shows a person was arrested in the county. The record contains basic information, including the arrestee's name, arrest date, charges, arresting agency, and booking information.
Arrest reports, by contrast, are more detailed narrative documents created by the arresting officers after an arrest. It is a comprehensive record of the circumstances leading to the arrest and may contain defendant/witness statements, officer observations, evidence collected, and probable cause for the arrest.
Arrest records are typically public information accessible by the public from the arresting agencies. Arrest reports are more restricted and may contain sensitive or confidential information that may be restricted by law.
How to Get an Arrest Record Expunged in Orange County
Expungements in Orange County are governed by the record relief procedures provided by New York law. The state does not offer complete expungement in most cases; it typically uses record sealing to achieve the same goal.
For cases where an arrest was resolved without a conviction, New York Criminal Procedure laws seal the records automatically. In cases where the charges were dismissed, the case was terminated in the defendant's favor, the defendant was found not guilty, or the prosecution refused to press charges. In such cases, the arrest records are sealed automatically and are no longer public information. However, certain law enforcement and government agencies may still have access to these records.
Eligible convictions for misdemeanors and certain low-level felonies may qualify to be automatically sealed if the offender meets the criteria and completes the waiting period. Eligible misdemeanor convictions may be sealed automatically if the offender completes their sentences, including any probation or parole, and has no pending charges for a period of at least 3 years. Felony convictions may be automatically sealed after a waiting period of 8 years under the same conditions. Non-drug-related Class A felonies and sex offenses do not qualify to be automatically sealed.
On the other hand, convictions may qualify to be sealed under Criminal Procedure Law § 160.59 if they meet the following criteria.
- The latest conviction or completed prison sentence must have taken place at least 10 years ago.
- There must be no more than 2 criminal convictions on the petitioner's record.
- The petitioner must have no pending criminal charges or new arrests.
- The convictions to be sealed must be for crimes that actually qualify for sealing under the law.
Most major offenses are specifically barred from sealing. These include sex offenses, crimes against minors, and violent felonies.
The following steps are helpful when petitioning to seal eligible convictions.
- Use a copy of the court records/criminal history to find the court and law enforcement agencies that handled the case.
- Obtain and complete the Certificate of Disposition for each conviction to be sealed from the court that handled the case, likely the Orange Supreme & County Court.
- Complete the forms, including the Notice of Motion and Affidavit in Support, file them with the Orange County Court, and serve the Orange County District Attorney with copies of the petition.
- A hearing may be scheduled, especially if the petition is challenged.
- If the petition is granted, the court will notify the New York State Division of Criminal Justice Services of the sealing order, and the central repository will seal all applicable records.
How Do You Remove Orange County Arrest Records From the Internet?
Removal of arrest records typically requires the following steps.
- Identify where the record appears online. These usually include official government sources, third-party public record websites, news articles, and search engine results.
- The first and most important step is to obtain legal record relief by obtaining expungement or sealing under New York law. Completing this step successfully grants a court order that seals the record and automatically removes it from official government sources.
- Next, contact public record websites, show/submit the order proving the record is no longer public, and request record removal. Most sites have privacy policies and data removal options to help with this.
- Online news media may not remove articles even after the sealing, particularly if the record was accurate at the time of publishing. Instead of outright removal, request an edit to the article detailing the expungement or sealing of the record and the reasons for it.
- Contact search engines through their opt-out policies, submit the court order proving the record is no longer public, and then request de-indexing of the record to reduce its visibility in search results greatly.