Albany County Arrest Records

Arrests in Albany County are typically initiated when a law enforcement officer has probable cause to believe that an individual has committed a crime. The arrest process begins with an individual being detained, which may happen on the spot if a crime is witnessed or following an investigation, during which an arrest warrant may be issued. Once the individual is arrested, they are processed, which includes taking their fingerprints and photographs and booking them into the system.

Booking involves documenting the arrest, collecting personal details such as name, address, and date of birth, and listing the charges. Following booking, the individual may be held in the Albany County Correctional Facility, the county's primary detainee-holding facility. In some instances, particularly for minor offenses or when bail is posted, individuals may be released pending trial. The Albany County Sheriff's Office maintains arrest records and operates the correctional facility.

Arrest records contain information that could be found in Albany County Court records and may be accessed via criminal history files managed by the New York State Division of Criminal Justice Services (DCJS) or through records kept by the county's district attorney's office.

Are Arrest Records Public in Albany County?

In Albany County, arrest records are generally public under New York’s Freedom of Information Law(FOIL), codified in Public Officers Law, Article 6. However, certain aspects of arrest records may be exempt from public disclosure, including:

• Records related to ongoing investigations.
• Information concerning juvenile offenders.
• Records that could jeopardize a person's safety or the integrity of a legal proceeding.

Public access to arrest records is typically limited to non-confidential information. To request access to arrest records, individuals must typically file a FOIL request with the Albany County Sheriff's Office or the New York State Division of Criminal Justice Services.

What Do Public Arrest Records Contain?

Public arrest records in Albany County typically include the following details:

• Full name of the arrested individual.
• Date and time of the arrest.
• The arresting agency.
• Bail or bond information, if applicable.
• Mugshots and fingerprints.
• Court dates and outcomes related to the arrest.
• Charges were filed against the individual.
• The case number associated with the arrest.

Some sensitive information such as the social security numbers or the identity of the victims are typically excluded from public records.

Albany County Arrest Statistics

Statistical data on arrests and incarcerations in Albany County are collected and reported to the Federal Bureau of Investigation (FBI) under the Uniform Crime Reporting (UCR) program. According to recent UCR data, Albany County has seen fluctuations in arrest rates, with trends reflecting local law enforcement efforts and other societal factors.

In 2022, the Albany County Sheriff's office reported a total of 2,341 arrests, with the majority being for nonviolent crimes such as drug offenses and property crimes. Incarceration rates in Albany County show that a significant portion of individuals were arrested for low-level offenses and may receive probation or alternative sentencing rather than incarceration.

Find Albany County Arrest Records

Individuals looking to find arrest records in Albany County can utilize several state and federal resources. The New York State Department of Corrections and Community Supervision (DOCCS) provides a free inmate Lookup Service, which allows users to search for inmates currently incarcerated in New York Prison, including Albany County.

Additionally, the New York State Unified Court System offers a public online portal, eCourts, where individuals can access case records, including criminal cases. Federal resources, such as the National Crime Information Center (NCIC), managed by the FBI, also store arrest data that can be accessed by authorized agencies.

Free Arrest Record Search in Albany County

While Albany does not offer a free direct database for arrest records, the New York State FOIL request system allows individuals to request arrest records at no cost. Free access is also available through third-party websites that aggregate public data from government sources, though these services may have limited or outdated information.

Albany County Arrest Records Vs. Criminal Records

In Albany County, an arrest record documents the details surrounding an individual's arrest, including the charges filed at the time of the arrest. In contrast, a criminal record is a more comprehensive file that includes not only arrests but also final convictions, court decisions, and sentencing information. Arrest records do not indicate guilt, while criminal records reflect the individual's legal history post-conviction.

How Long Do Arrests Stay on Your Record?

In Albany County, arrest records generally remain on an individual's record unless expunged or sealed. Under New York State Law, arrest records remain indefinitely, but certain cases, such as those that end in acquittal or dismissal, may be sealed under the Criminal Procedure Law(CPL) §160.50. The sealing prevents the records from being accessed by the general public.

Expunge Albany County Arrest Records

Expungement is the process of permanently removing an arrest or conviction from an individual’s record, making it inaccessible to the public. In Albany County, however, New York State does not provide for expungement of Criminal records. Instead, certain records can be sealed under specific circumstances. To qualify for sealing under CPL 160.59, individuals must meet the following eligibility requirements:

• Not more than two convictions (only one can be a felony).
• The offense must not be a violent felony, sex offense, or other disqualifying offense.
• Ten years must have passed since the date of conviction or release from custody.

An individual must pass through the following processes to have such individual’s arrest records sealed.

• Apply for sealing in a court with the following documents
  • A copy of the certificate of disposition or an explanation as to why the document is not available
  • An affidavit showing previous sealing applications or intentions to apply for any other sealing.
  • A copy of the school's previous application
  • A sworn statement as to the conviction for which the individual is applying for
  • A sworn statement of the reason the court should accept and grant the application, including any other supporting documents.
• The copy of the application shall be served upon the district attorney of Albany County who must notify the court within 45 days if or not he has any objection.
• The application is then assigned to the sentencing Judge, who decides to accept or deny the application after reviewing the applicant's past records.
• If the sentencing Judge accepts the application, he will conduct a hearing if the district attorney objects to the application. At the hearing, both parties (applicant and district attorney) present evidence as to why the application should be approved or denied.
• Following the hearing where the application is opposed, or no hearing where the application is not opposed, the sentencing Judge shall consider all evidence before him and grant the sealing of the records.
• Following this, the clerk of the court shall immediately notify the commissioner of the division of criminal justice services regarding the records that shall be sealed. As such, the record will be sealed from public disclosure and only accessible to authorized law enforcement agencies when necessary.

Albany County Arrest Warrants

An arrest warrant in Albany County is a legal document issued by a judge or magistrate authorizing a law enforcement agency to arrest an individual. Warrants are typically issued when there is probable cause to believe that a person has committed a crime but has not yet been arrested. The process of obtaining an arrest warrant is governed by New York Criminal Procedure Law, Article 120, which requires a law enforcement officer or district attorney to present evidence to the court supporting the issuance of the warrant.

Arrest warrants must include specific information, such as the name of the person to be arrested, the alleged offense, and the signature of the judge. Once issued, arrest warrants allow law enforcement to take the individual into custody at any time.

Do Albany County Arrest Warrants Expire?

In Albany County, arrest warrants generally do not expire. They remain active until the individual is arrested or the court revokes the warrant. However, warrants, such as those for minor offenses, may be less actively pursued after a period of time. Factors such as the seriousness of the crime and the likelihood of the individual being found influence how aggressively an arrest warrant is enforced.