Niagara County Arrest Records

Individuals can be detained and placed in police custody when there is reason to believe they committed a crime. When a person is arrested in Niagara, they are usually taken to the nearest precinct to undergo processing, which involves being searched and having their personal items collected and inventoried. During the booking process, the offender must also provide their personal information, including name, address, occupation, etc. The information collected during the booking process is used to create the arrest record.

Police departments in Niagara are responsible for collating and maintaining arrest records. These records are available to residents upon request and can be found as standalone records or as part of other records, such as the Niagara County court records or statewide criminal history records.

Arrest records are vital for various reasons. They are often the first form of documentation at the onset of a criminal case, laying the foundation for the commencement of legal proceedings. Additionally, these records provide valuable insights into an individual's interaction with law enforcement agencies.

Are Arrest Records Public in Niagara County?

Yes. The New York Freedom of Information Law (FOIL), outlined in Article 6 (Sections 84-90) of the NYS Public Officers Law, enables citizens to access records generated by public organizations, including arrest records in Niagara. However, there are some exceptions.

Section 87 specifies the following types of arrest records or parts of them to be unavailable to the public:

• Records that, if disclosed, would infringe upon an individual's right to a fair trial
• Records related to ongoing investigations, the release of which could disrupt the investigative process
• Records disclosing confidential sources
• Portions of the records revealing the investigative techniques employed by an agency

What Do Public Arrest Records Contain?

A publicly available arrest record in Niagara County typically includes the following data:

The Arrestee's Personal Information:

• Name
• Age
• Sex
• Height
• Weight
• Race
• Hair color
• Eye color

Arrest/Charge Information:

• Offense code
• Offense description
• Bail amount
• Booking date and time

Niagara County Crime Rate

According to the Criminal Justice Statistics publication from the New York Division of Criminal Justice Services (NY DCJS), the total index crime count in Niagara County was 3,486 in 2023. The most frequent crimes were property crimes (2,970 occurrences), of which larceny had the highest number (2,252 reports). The county also recorded 516 violent crimes, with aggravated assault having the most occurrences (372 cases). Murder was the least committed crime, with only 5 occurrences within the year.

Niagara County Arrest Statistics

According to the DCJS Arrest publication, Niagara County recorded 4,043 arrests in 2023. Specifically, the county's law enforcement made 1,437 felony arrests and 2,606 misdemeanor arrests.

Of the felony arrest total, 204 arrests were made for felony drug offenses, 80 arrests for DWI (driving while intoxicated), 325 arrests were for violent felony offenses, and the remaining 828 arrests were for other types of felony offenses.

Meanwhile, the misdemeanor arrest total constituted 230 misdemeanor drug arrests, 457 misdemeanor DWI arrests, 747 misdemeanor property arrests, and 1,172 arrests made for other types of misdemeanors.

Find Niagara County Arrest Records

Typically, law enforcement agencies at various levels can provide access to arrest records. At the county level, these records are available for free and as standalone records; however, at the state and federal levels, they may be accessible as part of a comprehensive criminal record and may require a fee payment.

Individuals seeking federal arrest records encompassing a subject's interaction with local and federal law enforcement can make inquiries through the Federal Bureau of Investigation. However, such documents can only be obtained as part of a criminal record. The record can be acquired online or via mail for an $18 fee, payable by the record holder.

At the state level, those interested in obtaining Niagara arrest records can request criminal history records from the DCJS for a fee.

Moreover, residents can obtain Niagara arrest records from local law enforcement authorities, such as the Office of the Sheriff. The local Sheriff's office also maintains an Incarcerated Individuals portal, which provides arrest, booking, and charge details about people in the local jail.

Free Arrest Record Search in Niagara County

Members of the public looking to access a Niagara arrest record at no cost have a few options. They may obtain these records under a FOIL request from a local law enforcement office, in which case they may not be charged unless they require copies.

One may also explore private websites that provide access to public arrest records. Some websites offer basic information for free; however, users may be required to register or subscribe to access detailed information.

Get Niagara County Criminal Records

Criminal records in Niagara refer to documentation about the entire criminal justice process related to a criminal case, from the initial arrest/charging to the outcome of the court proceedings. Essentially, the records encompass a person's arrests and prosecutions.

In New York, comprehensive criminal records maintained by the Department of Criminal Justice Services are classified as confidential information and are not subject to the Freedom of Information Act (FOIA). Thus, only authorized individuals can gain access to them.

Authorized persons can request either an unsuppressed record (unsealed) or a suppressed record (sealed) from the DCJS. To initiate the process, individuals must arrange an appointment for fingerprinting through an approved private service provider. The appointment scheduling requires providing a suitable service code, selecting an enrollment center, and submitting other information needed. On the appointment day, the requester must present a valid form of identification and pay a fee of $14.25, with out-of-state requesters being charged $44.25. After the submission, the DCJS will mail any responsive records to the requester, as the department does not allow in-person pickup.

Notably, individuals can access Niagara criminal records by reaching out to the courthouse where the specific case was adjudicated or the respective Office of the Clerk. Unlike criminal history records, court records are available for public inspection under N.Y. Jud. Law § 255.

Niagara County Arrest Records Vs. Criminal Records

There are key distinctions between an arrest record and a criminal record. Firstly, an arrest record only contains information about an arrest. While this record may be incorporated into a criminal record, it does not imply that the subject was ever convicted or sentenced for a crime.

However, criminal records contain information about different stages of the criminal justice process, including details about a person's arrests, charges, and convictions. Unlike an arrest record, a criminal record may negatively affect its holder, limiting their access to jobs and other opportunities.

How Long Do Arrests Stay on Your Record?

Arrest records are often permanent and may show up in background checks conducted by members of the public unless they have been sealed or expunged. Generally, it is much easier to seal an arrest record in Niagara if no conviction was made (in these cases, the courts seal or expunge these records automatically). However, the situation is different if a conviction is entered, as certain offenses preclude an offender from obtaining record sealing.

Expunge Niagara County Arrest Records

The only way to prevent members of the public from accessing an arrest record in Niagara is to seal (hide) the record. The State of New York only permits expungement (record erasure) for some marijuana offenses that have been decriminalized.

Under state law, arrests resulting in acquittals, dismissals, or non-conviction outcomes are automatically sealed in Niagara. Additionally, per Criminal Procedure Law § 160.50 (5)(a), certain marijuana convictions are automatically expunged.

However, not all records are eligible for sealing in cases where an arrest leads to a conviction. The eligibility of an arrest record for sealing depends on the type of crime committed. If an applicant meets the qualifications to seal a conviction, any associated arrest record will be automatically sealed.

According to NY CPL 160.59, individuals who have committed no more than two offenses may apply to have their records sealed. However, where one has more than two convictions, the offender can only qualify to apply for a record sealing if all the convictions are related to the same offense. Also, an individual convicted of a felony may only apply to seal one record. Generally, applicants can only apply for sealing 10 years after completing their sentence or probation period.

Crimes not eligible for sealing in Niagara include sex-related offenses, open cases, federal offenses, and violent felonies, such as homicide and class A felonies.

Individuals eligible to seal their arrest records can refer to the filing guide provided by the state judiciary before initiating the process.

If the court enters a sealing order, access to all affected records will be restricted to unauthorized persons.

Niagara County Arrest Warrants

Under Article 120 of the NY Criminal Procedure Law (CPL), a warrant of arrest is an order issued by a magistrate or judge directing a peace officer to apprehend a person said to have committed a crime. Arrest warrants are specifically issued to ensure an accused appears before the court to answer their charges.

However, these warrants require reasonable grounds (probable cause) before a judge can approve them. Probable cause is typically substantiated by the requesting law enforcement officer, who must provide evidence and an affidavit before a competent authority showing that a crime has been committed and the named person is responsible.

Typically, Niagara arrest warrants contain the following details:

• The name of the issuing court
• The date of issuance of the warrant
• The specific offense committed
• The name of the individual mentioned in the warrant and any known aliases
• The name of the police officer entrusted with the execution of the warrant

Niagara County Arrest Warrant Search

An individual can perform a Niagara County arrest warrant search at the local Sheriff's office or the courthouse where the warrant was issued.

Also, warrant information may be accessible online—for example, through the Sheriff's Online Warrant database or the Niagara County Probation Warrants website—or parties can search court records to determine if a specific court issued an arrest warrant. Note that a case must already be open at the courthouse to leverage a court records search.

Do Niagara County Arrest Warrants Expire?

No. Arrest warrants do not come with expiration dates. These writs remain valid and can be executed by the designated officer or any other peace officer at any time or place. In simple terms, an arrest warrant in Niagara stays in effect until the subject of the warrant is taken into police custody.