Orange County Arrest Records

Arrest records are formal documents that responding or investigating officers create after apprehending a suspect for a crime. These records have critical applications within the state's criminal justice system, including helping the police identify crime patterns or networks and judges determine appropriate sentences. Several criminal justice agencies in New York maintain arrest records, including the courts, local police agencies, and the Division of Criminal Justice Services (DCJS).

Arrested individuals are typically taken to the Orange County Jail, which is under the management of the Orange County Sheriff's Office. The Orange County Sheriff's Office is responsible for generating and maintaining arrest records. These records are part of the public record system and can be used for various purposes, including background checks, legal proceedings, and verifying criminal history. They are often linked to Orange County Court Records, which provide additional information on legal cases and outcomes.

Are Arrest Records Public in Orange County?

Yes, arrest records are public in Orange County, New York. According to the New York Freedom of Information Law, members of the public may access arrest and other records maintained by criminal justice agencies, excluding records deemed confidential by statute, court order, or court rule. To that end, certain records are restricted to the public.

For example, under Section 87 of the FOIL, the following records are exempt in New York:

• Records whose disclosure would interfere with ongoing criminal investigations or judicial proceedings
• Records expressly exempted by state or federal statute
• Records whose disclosure would invade personal privacy or endanger an individual's life or safety
• Evidentiary information
• Juvenile arrest records
• Sealed or expunged arrest records

Furthermore, official criminal history records maintained by the Division of Criminal Justice Services—known to contain arrest data—are not disclosed under the FOIL or considered public records in New York.

What Do Public Arrest Records Contain?

Several pieces of information make up Orange County's arrest record, some of which may include:

• An arrestee's complete name
• Date of birth
• Social Security number
• Sex
• Race/ethnicity
• Age at the time of arrest
• Last-known address
• Date, time, and location of arrest
• Arrest number
• Arrest type
• Arresting agency
• Arresting officer ID
• Arrest charge(s), code, and description
• Booking details (booking number, time, date, and status)

Orange County Arrest Statistics

According to the New York State Division of Criminal Justice Services, Orange County had a total of 6,011 total adult arrests, 1,883 felony adult arrests and 203 prison sentences. From the 6,011 adult arrests, 37% were white, 31% were hispanic and 30% were black.

Find Orange County Arrest Records

Generally, there are two ways to find public arrest records in Orange County: through the courts or the police agency that made an arrest.

Residents can stop by the records division of an arresting police department to request public arrest records. Some agencies also offer to provide records via mail if a requester sends a stamped, self-addressed envelope along with their written request, and some permit an email or telephone request. Information that may be required to obtain a public arrest record from a local police agency includes an arrestee's name, date of birth, arrest number, arrest date, and arrest precinct or station. However, in many cases, an inquirer can obtain public information about an arrest for free, but a fee applies to receive printed copies of a report—usually 25 cents per page.

Those seeking public arrest records from the NYS court system can perform a Criminal History Record Search (CHRS) through the Office of Court Administration (OCA). Online searches can be requested through the OCA's Direct Access system. A user account is needed to access the system. Alternatively, a person can fill out and mail a CHRS application form to the Office of Court Administration at the address below:

Criminal History Record Search
NYS Office of Court Administration
Office of Administrative Services
Criminal History Record Search Unit
25 Beaver Street
9th Floor
New York, NY 10004

Further, a CHRS request costs $95, any record obtained from a search is not certified, and confidential or sealed records are not released to requesters.

Under New York law, parties who can view or obtain a nonpublic arrest record include the subject of the record (with ID), someone the subject designates (with ID), and official personnel for approved purposes. Any other party must procure a court order that permits disclosure. If involved in an active court case, an individual may apply for and serve a subpoena as provided in Civil Practice Law and Rules § 2307.

Generally, a subpoena must be issued by a judge of competent authority and served at least 24 hours before the time fixed for the record's production unless otherwise allowed by the court. Still, it is necessary to confirm an agency's subpoena process, including relevant fees and service locations. The NYS courts provide further instructions for requesting subpoenas in New York.

Free Arrest Record Search in Orange County

The Orange County Sheriff’s Department provides free online listings of arrests made within their jurisdictions. Inquirers can leverage this to locate a person in jail following an arrest.

Additionally, a person can search statewide arrest records online using the OCA's Direct Access system. User instructions are available in the OCA's user guide. Note that a fee applies.

Furthermore, several independent companies sell background checks and public records to the public online, which can uncover arrest information related to an individual. These sites aggregate data from various public repositories and databases.

Orange County Arrest Records Vs. Criminal Records

In Orange County, arrest records and criminal records are distinct. Arrest records document instances when law enforcement officers detain individuals suspected of criminal activity. These records typically include details, such as the arrest date, charges, and identifying information.

However, criminal records extend beyond arrests to encompass the resolution of legal cases. They detail the charges brought against individuals, the type of offense committed, and any associated fines or sentencing.

How Long Do Arrests Stay on Your Record?

In New York and, consequently, in Orange County, arrests remain on a person's record forever unless sealed or expunged under state law. Nevertheless, New York government agencies maintain record retention and disposition schedules per the law—from less than a year to permanency. As such, a specific agency's arrest files may be destroyed or disposed of when a particular timeline passes, and a record has no administrative, legal, fiscal, or historical value.

The New York State Archives oversees the retention and disposition of local and state agency records in New York. The agency publishes the Retention and Disposition Schedule for New York Local Government Records (LGS-1), which NYS local governments adopt.

According to the LGS-1 schedule, local law enforcement departments permanently maintain incident, complaint, or arrest summary records or logs not submitted to the DCJS. However, a case investigation record for an adult, juvenile, or youthful offender, which may include the arrest report and final case disposition, is retained according to the record's classification. For instance, case investigation records for homicides, arson (1st, 2nd, or 3rd degree), and suicides are maintained permanently.

Meanwhile, case investigation records for misdemeanors are retained for five years after a case is closed, and records related to violations or traffic infractions are maintained for a year after a case is closed, and so on.

It should be noted an agency's retention schedule only covers records held by the agency; it does not imply that such records will be deleted or disposed of statewide or across other agencies. Only a sealing or expungement order can do that.

Expunge Orange County Arrest Records

Arrest records in Orange County can be expunged under the provisions of the Criminal Procedure Law § 160.50 (5)(a). Expungements basically imply that the related arrest, court case, and conviction never occurred. There is a basic qualification for expungements, but when a person does not meet the standards determined by the state.

However, where a person does not qualify for automatic expungement, to vacate a conviction, dismiss or reduce charges, or lower a sentence related to a marijuana arrest or case, applicants must fill out Form CPL 440.46 and submit it to the court that released the sentence.

Moreover, persons arrested or convicted of unlawful marijuana possession and fifth-degree criminal marijuana possession submit an Application to Destroy Expunged Marijuana Conviction Record to the Court in Orange County.

For other arrest records, the State of New York uses a sealing process, which is applicable to Orange County. Sealing an arrest record means that all records of a person's arrest, court case, and prosecution will be removed from public view. Aside from the subject, a sealed record can be released to an employer and a law enforcement agency upon request.

Orange County Arrest Warrants

An arrest warrant is a legal document issued by a court that empowers law enforcement officials to take into custody a suspected criminal offender. The law requires these officials to produce evidence indicating that there is probable cause before the warrant is released. A sitting judge proceeds to consider the evidence before issuing the warrant.

Do Orange County Arrest Warrants Expire?

No. Orange County arrest warrants, once issued, are effective and binding unless they are recalled by the issuing court. The arrest warrant typically includes the following: the nature of the offense, the suspect's name or a reasonable description, the issue date of the warrant, and the judge's signature.