Cattaraugus County Arrest Records

Cattaraugus County law enforcement officers record every arrest they make. The police report documents every aspect of the apprehension during the booking process and in the police report. Afterward, the defendant goes for arraignment, where the criminal complaint against them is read. The accused will have the opportunity to either plead guilty or not guilty. The defendant may have to go to trial, where their innocence or guilt will be proven. They will be sentenced to pay a fine or jailed if found guilty.

The Cattaraugus County Sheriff's Office is responsible for maintaining arrest records. These records are available in person at the Office during business hours. Inquirers seeking information on how a court handled an arrestee's case may not find that information at the sheriff's Office. They would have to conduct a Cattaraugus County Court Records search at the court that handled the case.

Are Arrest Records Public in Cattaraugus County?

Yes. Law enforcement agencies in Cattaraugus County make arrest records available for public inspection and copying per the New York Freedom of Information Law (FOIA). However, certain arrest records or portions may be withheld for privacy reasons. The public will be denied access to the following arrest records:

• Arrestee's medical records
• Arrest records of juveniles
• Arrest records that can endanger a person's life or safety when disclosed
• Arrest records containing personal information reported in confidence to a law enforcement agency and not relevant to the ordinary work of the agency

Arrest records whose disclosure would do the following:

• Expose a confidential source's identity
• Reveal criminal investigative procedures or techniques
• Constitute an unwarranted invasion of personal privacy
• Interfere with police investigations or legal proceedings
• Disclose confidential information relating to criminal investigations
• Deprive a person's right to an impartial adjudication or a fair trial

What Do Public Arrest Records Contain?

The public information contained in an arrest record includes:

• The arrestee's name, age, race, and date of birth
• Custody status, housing/releasing facility, and admission type
• Crimes of conviction, sentence terms, and release dates

Cattaraugus County Arrest Statistics

The New York Division of Criminal Justice Services publishes statewide arrest statistics to the public. The 2023 report shows about 1,783 arrests in Cattaraugus County. About 1,332 of those arrested were males, and 449 were females. That same year, felony arrests totaled 607, and misdemeanors totaled 1,176.

Find Cattaraugus County Arrest Records

The New York State Department of Corrections and Community Supervision (DOCCS) provides a convenient way of searching arrest records through the Incarcerated Lookup tool. The free search can be completed using a name, Department ID Number (DIN), or New York State ID Number (NYSID). Arrest records unavailable online can be obtained in person at any of the DOCCS facilities. Inquirers are advised to contact the facility before visitation to confirm hours of operation and the cost of copies of records.

Several federal law enforcement agencies provide Cattaraugus County arrest records to the public online, by mail, or in person. For example, the Federal Bureau of Investigation (FBI) offers copies of arrest records for $18 online, by mail, and through approved channelers. Some agencies have online databases where individuals can find arrest information for free. For example, the U.S. Immigration and Customs Enforcement (ICE) has an Online Detainee Locator System that allows inquirers to view arrest records without charges.

Free Arrest Record Search in Cattaraugus County

The easiest way to conduct a free arrest record search is online through the Incarcerated Lookup tool provided by the New York State Department of Corrections and Community Supervision (DOCCS). Enter a name, Department ID Number (DIN), or New York State ID Number (NYSID) in the appropriate search field. Another way to find arrest records for free is through third-party vendors using a name or case number. However, only basic information is available to the public without charges. Individuals who want in-depth arrest information or to download complete arrest reports would have to pay a small fee by credit card.

How Long Do Arrests Stay on Your Record?

Arrests stay on a person's criminal record indefinitely unless they are expunged. Expungement makes their records unavailable to the public, but authorized individuals can access them. Arrest complaints, incidents, and summary records or logs are permanent. Also, case investigation files for active warrants, stolen or missing firearms (until recovered or destroyed), arson, aggravated sexual assault (first degree), homicides, suicides, missing persons (until located), and course of sexual conduct against a child (first degree) are permanent.

Arrest records follow retention schedules that outline how long they are kept for future use or reference, as well as the procedures for their destruction once they are no longer required. The New York State Archives, through its Local Government Retention Schedules, highlights the retention period of some arrest records. For example:

• Activity logs of arrestees are kept for three (3) years
• Inmate case records are retained for 15 years after the death or discharge of the inmate
• Case investigation documents for misdemeanors are kept for five (5) years after the case is closed
• Case investigation documents for sexual offenses against a child are kept until after the child turns 55 years
• Case investigation documents for fourth-degree arson and non-fatal accidents are kept for ten (10) years after the case is closed
• Detailed information on confidential informants is retained until after the person's death or 90 years after the person's date of birth.
• Juvenile case investigation documents in which no arrest was made or no offense was committed are kept for a year after the person turns 18.
• Felony case investigation documents, except those covered by parts "a" and "c," and fatalities other than homicides, are retained for 25 years after the case is closed.
• Data on criminals and suspects are kept for five (5) years after the individual's death or 90 years after the individual's date of birth, whichever is shorter, provided no arrest occurred in the last five (5) years.
• Case investigation files of offenses involving a violation or traffic infraction are kept for a year after the case is closed, and those where the investigation reveals no offense has been committed by an adult are retained for 5 years.

Expunge Cattaraugus County Arrest Records

New York has no expungement laws for criminal records except for certain marijuana crimes. The law only permits the sealing of arrest records, which means the record still exists, but some documents may be returned to the record holder or destroyed. Cattaraugus Courts automatically seal crimes committed by children and youthful offenders, cases where the arrestee got a good result, and violations and traffic infractions. To be eligible for sealing, applicants must have completed a drug treatment program or have just two misdemeanors, one felony, and one misdemeanor conviction, and be crime-free for ten years.

Applicants must submit a completed Request for Criminal Certificate of Disposition to the Cattaraugus County Court Clerk to request the sealing of their records. They will receive a Certificate of Disposition from the Clerk and must complete some of the Sealing Application pages (pages 1 and 2 called Notice of Motion and Affidavit in Support). The pages should be served on the Cattaraugus County District Attorney. Afterward, the applicant should complete page 3 of the Sealing Application (the Affidavit of Service section). The sealing application form and supporting documentation should be filed with the Cattaraugus County Court. The court will review the application form and either deny or approve the request. A sealing order will be signed if the request is granted. Individuals who want to confirm that their arrest records have been sealed should complete the Request for CPL 160.59 Seal Verification Form and mail it with the seal order to the NYS Division of Criminal Justice Services.

Cattaraugus County Arrest Warrants

The N.Y. Crim. Proc. Law § 120.10 defines an arrest warrant as a court-issued process that directs a police officer to arrest a suspect and bring them before a court. The judge can issue multiple copies of the warrant to one or more classifications of police officers and a designated individual police officer(s). The warrant must contain the following information:

• The issuing date
• The name of the issuing court
• The police officer(s) to whom the warrant is addressed
• The name and title of the offense committed by the accused
• The name of the accused, but if the name is unknown, any name or description that would help identify the accused will be stated
• A direction that the officer arrest the accused and bring them before the issuing court.

Police officers can execute an arrest warrant on any weekday and at any hour of the day or night (N.Y. Crim. Proc. Law § 120.80). The arresting officer must notify the accused of the arrest warrant before bringing them into custody. If the accused asks for the warrant, the officer must show it to them immediately. Per Penal Law § 35.30, the police officer can use physical force during the arrest if necessary. The arresting officer must bring the defendant before the court without unnecessary delay (N.Y. Crim. Proc. Law § 120.90).

Do Cattaraugus County Arrest Warrants Expire?

Arrest warrants issued in Cattaraugus County do not expire. They can remain active indefinitely until they are resolved or quashed by the issuing judge. Individuals with outstanding warrants should speak to an attorney to help navigate the process.