The laws defining crimes and procedures in New York are complicated…
Each Friday, we will post a #fridayfacts…
This week’s #fridayfacts asks: What happens to records if a case is dismissed or you’re acquitted?
With limited exceptions, if a case is dismissed or you’re acquitted, CPL § 160.50 requires records to be sealed and your photographs and fingerprints destroyed.
If you’re convicted of a non-criminal violation (e.g., Disorderly Conduct, Harassment 2nd), CPL § 160.55 similarly seals records from public or private access. Exception: Driving While Ability Impaired by Alcohol is not sealed like other violations.
Note: sealing court records doesn’t erase public news reports of the arrest that exist on the internet.