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Genesee County Arrest Records
Anyone taken into police custody in Genesee County likely has an arrest record. Police agencies generally assign booking numbers and document every arrested person's name, alleged offense, date and time of apprehension, and arrest location after securing arrestees in holding facilities.
Arrest records are foundational elements of the criminal justice system. A person's arrest record may be used by a prosecutor's office to determine the type of charges to file. Members of the public can use arrest records, which are prepared by police agencies and may be included in Genesee County court records, to find out when a person was arrested, where they were being held, and their bail conditions. Defense attorneys can also review these records to process bail, gather evidence, and prepare court arguments.
Searching for arrest records in Genesee often involves contacting the custodian of such records, often local law enforcement agencies. However, specific state departments, like the state police, also gather and maintain records of arrests.
Are Arrest Records Public in Genesee County?
Yes. Arrest records are public under the New York Freedom of Information Law. The law instructs police agencies to release these records to members of the public upon request. The New York Judiciary Law also authorizes clerks of court to make court records available to the public. This provision allows individuals to access public arrest information that may be contained within court documents and papers.
Be that as it may, certain records are protected by law from public access. These records include sensitive personal data like medical and financial information, juvenile arrest records, information regarding ongoing investigations, and details about confidential sources or witnesses. Arrest information sealed after the conclusion of certain trials is also not available to members of the public. However, criminal justice agencies can access protected arrest records when investigating crimes or for a judicial process.
What Do Public Arrest Records Contain?
Individuals can find the following public information in a Genesee County arrest record:
- Arrestee's personal information
- Charges, crime descriptions, and offense degrees
- Arrest date, time, and location
- Arresting agencies
- Bail and bond information
- Holding facility
- Court case number
- Warrant information
Genesee County Arrest Statistics
The New York Division of Criminal Justice Services releases annual crime and arrest statistics for counties across the state. According to the agency's 2023 data, Genesee County law enforcement agencies reported 1,293 adult arrests. Out of these arrests, 39 were related to felony drug offenses, 44 were tied to felony DWI crimes, and 66 were for violent felony cases. Local police agencies also reported 103 misdemeanor drug arrests, 188 misdemeanor DWI arrests, and 247 arrests for misdemeanor property offenses. Felony offenses classified as "other" accounted for 318 arrests, while misdemeanor offenses categorized as "other" totaled 288 arrests.
Find Genesee County Arrest Records
Arrest record searches typically begin with contacting the local arresting agency, such as the Sheriff's Office or a city police department. These agencies have divisions dedicated to furnishing members of the public with arrest reports or records.
For example, the Sheriff's Records Division provides a criminal background check service, dispenses incident reports, and processes Freedom of Information Law requests. A Freedom of Information Law request involves filling out an Application for Public Access to Records and submitting it to the Records Division. This request costs 25 cents per page. Note that the division does not disseminate records from other agencies, such as the City of Batavia Police Department or New York State Troopers.
The Sheriff's Office also manages the Genesee County Jail. One can contact the office's Jail Bureau to check whether a loved one is held at the jail and why they are detained.
Court Records
Another method an individual can use to find arrest information is to access criminal court records using resources provided by local court clerks and the New York State Unified Court System.
The Genesee County Clerk is responsible for case records generated and collected by the Supreme and County Courts. People can visit the clerk's office or make an inquiry by phone or mail to inquire about court records. Interested parties can also contact local town, village, or city court clerks to request access to criminal records.
The central online database for finding criminal case records through the New York State Unified Court System is the WebCriminal portal. The portal contains information about pending cases for the Supreme, County, and Batavia City Courts. Individuals can search by party name, case number, and court calendar. The database produces details, such as the defendant's name and description, arrest date, incident date, arresting officer, attorney information, arresting agency, charges, and next court date.
New York State Police
The New York State Police also records arrests made by state troopers. These arrests can occur in Genesee County, just like any other county. Individuals looking for reports from the agency can use its records request portal, which allows online submissions. There are fees applicable for copy requests.
Where an inquiry pertains to locating someone who was arrested in Genesee but transferred to federal or state custody, one may utilize the following resources:
- New York Department of Corrections
The New York Department of Corrections handles records of inmates within its custody. These inmates are individuals serving time for serious felony offenses. One can contact the department directly for information about these inmates or use the Incarcerated Lookup or Parolee Lookup tools. The database mainly shows incarceration information, such as housing facilities, the date the inmates were booked, and their admission type. However, people can see the offense committed and the crime's class.
- Federal Bureau of Prisons
Any federal agency can take residents of Genesee County into custody, provided it is for the commission of crimes for which federal agencies have jurisdiction. One can approach the arresting agency, whether it is the FBI (Federal Bureau of Information), DEA (Drug Enforcement Administration), or ICE (Immigration and Customs Enforcement), to look up information concerning an arrested person. If the arrestee is confined in a federal prison, one may contact the Bureau of Prisons or use its Federal Inmate Search to find inmates.
Free Arrest Record Search in Genesee County
A free arrest record search may be performed through the agency that made an arrest in Genesee County. If an individual makes a request under the New York FOIL and all they wish to do is inspect (see) the record, the arresting agency may not collect a fee to process the inquiry. Nonetheless, the requester will be expected to pay for the associated costs if seeking a copy of a record.
In addition, a person may explore a third-party aggregator website as a channel for viewing limited arrest information for free. Usually, these websites gather public records, such as arrest records, from different jurisdictions and may serve to streamline a user's search, especially when searching widely for arrest details. However, many third-party websites assess a fee to produce comprehensive information.
How Long Do Arrests Stay on Your Record?
Perpetually. Arrest records are usually not erased or destroyed in Genesee, New York, but they may be sealed. In cases where the individual was not convicted, their records are automatically sealed. However, criminal justice agencies can still see sealed records.
Expunge Genesee County Arrest Records
Records are not erased (expunged) in New York. Instead, they are sealed. The sealing process authorizes law enforcement and courts to block the public from accessing those records. However, those records will still exist, except for booking photos, DNA samples, palmprints, and fingerprint cards that may be returned to the petitioner or destroyed. Some digital fingerprints will not be destroyed if they already exist in the state's criminal database.
Arrest and court records are automatically sealed in New York if an arrested person has a "good outcome". A "good outcome" or "good result" includes any of the following situations:
- Charges were dismissed
- A verdict of not guilty (acquittal) was reached
- A guilty judgment was vacated, or a judge set aside a verdict after a trial
- The prosecutor refused to file charges
- The case was dismissed after the suspect completed a court-ordered diversion program.
- The judge decided to postpone a court trial indefinitely and dismiss the case if the defendant is not re-arrested or convicted after a specific period.
- A grand jury dismissed charges brought against a defendant
- The police refused to charge the suspect after the arrest
Traffic infractions and violations like trespassing and disorderly conduct can be partially sealed without the defendant doing anything.
However, suppose a person's record that should have been automatically sealed appears on a criminal search. In that case, the individual can seal the record by contacting the New York Department of Criminal Justice Services. The process involves getting a Certificate of Disposition from the court where the case was heard and sending it to the DCJS to correct the mistake.
The certificate must indicate that the case is sealed. If it does not have such an indication (a stamp or seal), one can ask the court's clerk to confirm whether the file categorizes the case as a sealed proceeding. The clerk will then check and correct the error by using the appropriate stamp. If the court's file does not mention that the case should be sealed, the requester can ask the clerk for guidance on correcting the mistake. Once the error has been addressed and the Certificate of Disposition is stamped as sealed, then the petitioner can send it to the DCJS.
Individuals who were convicted of certain misdemeanors and felonies can petition the court to seal their records if they meet the following conditions:
- The person has at most one misdemeanor and one felony or two misdemeanor convictions and has not committed a crime in the past 10 years.
- The individual has successfully completed a drug program ordered by the court.
Genesee County Arrest Warrants
An arrest warrant is a judicial paper that approves a person's arrest. Judges with criminal jurisdiction issue these court papers after reviewing complaints from law enforcement agencies. However, judges can also issue bench warrants to arrest individuals who fail to honor court appointments or violate other court orders.
A Genesee County arrest warrant includes the accused person's name or description, the reason for the warrant's issue, the issuing court, and the issuing judge's name and signature.
One can view warrant information by contacting the Sheriff's Office or accessing relevant court records.
Do Genesee County Arrest Warrants Expire?
No, arrest warrants in Genesee County do not expire. However, judges can recall warrants whenever new evidence or facts clear people's names. Individuals can also visit the Sheriff's Office to submit to the law and clear their warrants.