Schenectady County Arrest Records

Schenectady County arrest records are official documents generated and maintained by law enforcement agencies in Schenectady County, New York. They provide detailed information about the arrest and detention of individuals for criminal offenses committed within the county. These records are created during an arrest and typically include personal information about the individual arrested, the criminal offense they are accused of, formal charges, and other pertinent details like photographs and fingerprints.

In Schenectady County, the custodian of these arrest records is primarily the Schenectady County Sheriff's Office, which maintains records of arrests carried out by its officers. Local police departments such as the Schenectady Police Department and the Niskayuna Police Department also manage arrest records within their respective jurisdictions. These records are available to the public through these agencies, in accordance with the New York Freedom of Information Law (FOIL), and can be requested for various purposes, including background checks, research, or investigative inquiries.

In addition to arrest records, individuals may also find related arrest-related information in Schenectady County Court records, which provide further information on criminal cases, indictments, and court proceedings.

Are Arrest Records Public in Schenectady County?

Yes, arrest records in Schenectady County are generally considered public records under New York's Freedom of Information Law (FOIL), found in N.Y. Pub. Off. Law § 87. This statute ensures that any member of the public may request access to government records, including arrest records, unless they fall under one of the law's specific exemptions.

However, while most arrest records are publicly accessible, there are exceptions where records are confidential and withheld from public view. Under FOIL Section 87(2), the following types of arrest records are typically restricted:

• Juvenile records.
• Records sealed or expunged per N.Y. Crim. Proc. Law § 160.50 or § 160.55.
• Records related to ongoing investigations, where disclosure could interfere with law enforcement efforts.
• Records containing sensitive information, such as personal details about victims, confidential informants, or social security numbers, which would violate privacy laws.

What Do Public Arrest Records Contain?

A public arrest record in Schenectady County generally includes the following details:

• Personal information of the arrestee, such as full name, age, and residence.
• Physical description of the detainee
• Location of the arrest and the jurisdiction involved.
• The arresting agency and the officer(s) responsible for the arrest.
• Description of the criminal offense(s) and charges brought against the individual.
• Arrestees mugshot
• Booking information, including the booking number, date, and time.
• Custody status, indicating whether the individual is still detained or has been released.

Schenectady County Crime Rate

Based on annual reports from the New York Division of Criminal Justice Services (DCJS), Schenectady County recorded 4,284 index crimes in 2023. The total number of violent crimes, which includes offenses like murder, rape, robbery, and aggravated assault, was 578. Specifically, the county recorded 4 homicides, 55 rapes, 132 robberies, and 387 aggravated assaults. Property crimes, such as burglary, larceny, and motor vehicle theft, accounted for 3,706 offenses, including 329 burglaries, 3,135 larcenies, and 242 motor vehicle thefts.

Schenectady County Arrest Statistics

According to the latest data from the DCJS for 2023, Schenectady County saw 3,114 adult arrests. Arrests in the county were for a wide range of offenses, as outlined below:

• Felony Drug: 60 Arrests
• Felony DWI: 35 Arrests
• Other Felonies: 715 Arrests
• Violent Felonies: 263 Arrests
• Misdemeanor Durg Offenses: 77 Arrests
• Misdemeanor DWI Offenses: 215 Arrests
• Other Misdemeanors: 964 Arrests
• Misdemeanor Property Offenses: 785 Arrests

Find Schenectady County Arrest Records

To obtain arrest records in Schenectady County, New York, individuals must contact the Records Division of the Schenectady County Sheriff's Office or the local law enforcement agencies within the county. This typically requires completing the FOIL request form and submitting it online or sending a written request to:

Schenectady County Sheriff's Office
Records Unit
320 Veeder Ave
Schenectady, NY 12307
sheriffrecords@schenectadycounty.com

Apart from the Sheriff's Office, individuals can also reach out to local police departments within Schenectady County for arrest records related to arrests within their specific jurisdictions. For example, individuals may contact the Schenectady Police Department or the Niskayuna Police Department to request records at:

Schenectady Police Department
531 Liberty Street
Schenectady, NY 12305
Phone: (518) 382-5200

Niskayuna Police Department
One Niskayuna Circle
Niskayuna, NY 12309
Phone: (518) 374-3159

These departments provide arrest records after a formal request, either online or by mail, in accordance with FOIL guidelines. Requests typically require information such as the full name of the individual arrested, the date of arrest, and the charges involved.

Free Arrest Record Search in Schenectady County

Schenectady County does not charge for general inquiries using tools like the inmate lookup or sex offender registry provided by the sheriff's office. However, depending on the volume and nature of the request, a processing fee may apply for providing copies of arrest records for formal FOIL requests.

In addition, third-party websites also aggregate public records, including arrest records, which can be searched for free or for a small fee. These platforms typically allow users to conduct name-based searches to retrieve basic information but will often restrict extensive information to paying users.

Get Schenectady County Criminal Records

Criminal records differ from arrest records in that they provide a comprehensive history of an individual's interactions with the criminal justice system, including arrests, charges, indictments, convictions, and sentences. In New York, official criminal records are maintained by the New York State Division of Criminal Justice Services (DCJS). Unlike arrest records, criminal history records are not public and can only be accessed by the individual concerned or authorized agencies.

Individuals must submit a request to the DCJS to obtain a criminal record and provide their fingerprints for identification purposes.

New York State Division of Criminal Justice Services (DCJS)
Alfred E. Smith Building
80 South Swan Street
Albany, NY 12210
Phone: (518) 457-8413
Email: dcjslegalservices@dcjs.ny.gov

Once the request is processed, individuals will receive their criminal history record or be informed that no record exists.

Schenectady County Arrest Records Vs. Criminal Records

Arrest records document the event of an individual being taken into custody by law enforcement. They contain information such as the date of the arrest, charges, and arresting agency, but they do not imply guilt or conviction. Arrest records are available through the law enforcement agency that made the arrest, such as the Schenectady County Sheriff's Office or local police departments.

Criminal records, on the other hand, provide a complete account of an individual's criminal history, including arrests, charges, convictions, and sentences. These records are maintained by the DCJS and are only available to the subject of the record or authorized entities. Criminal records encompass more comprehensive information, covering interactions with the justice system across New York, not limited to Schenectady County.

In New York, arrest records can be accessed through the respective law enforcement agency, while criminal records must be obtained through the DCJS, ensuring the state's uniformity in maintaining comprehensive criminal histories.

How Long Do Arrests Stay on Your Record?

In Schenectady County, arrest records remain on an individual's record indefinitely, as there is no automatic removal process under New York State law.

Expunge Schenectady County Arrest Records

Expungement, as defined in other states, involves completely erasing records, but New York's legal system typically seals records, which restricts them from public access but keeps them on file for specific purposes, such as employment with law enforcement or application for a weapons permit.

Under Criminal Procedure Law § 160.50, cases that are favorably resolved—such as through dismissal, acquittal, or no charges filed—are eligible for automatic sealing. For example, if charges against an individual are dropped or dismissed, or if they are found not guilty, their arrest record is typically sealed, and the record becomes unavailable to the general public. This sealing is done automatically by the court, and no petition is required from the individual.

For marijuana-related offenses, Criminal Procedure Law § 160.50(5)(a) and the Marihuana Regulation and Taxation Act (MRTA) allow for the automatic expungement of certain past marijuana offenses. Individuals with qualifying marijuana offenses need not petition the court, as their records are erased as a part of state legislation intended to clear records related to decriminalized marijuana use.

However, for non-marijuana-related offenses, such as misdemeanor and felony arrests, individuals may petition to have their records sealed if they meet the following conditions per Criminal Procedure Law § 160.59:

• The individual must have no more than two convictions for misdemeanor and one conviction for felony.
• At least 10 years must have passed since the conviction or the individual's release from incarceration.
• The individual must not have any pending criminal charges.

Eligible persons may seal a record by following these steps:

• Obtain a Criminal Certificate of Disposition from the court where the conviction occurred.
• Complete and notarize the Sealing Application form, attaching all necessary supporting documents.
• Submit the application, Certificate of Disposition, and supporting documents to the Schenectady County District Attorney's Office. The District Attorney has 45 days to object to the sealing request.
• If there is no objection, submit the complete application to the court for review. There is no filing fee for this process.
• If the court grants the request, a judge will issue a sealing order, restricting public access to the record.

Schenectady County Arrest Warrants

An arrest warrant in Schenectady County is a legal document issued by a judge or magistrate that authorizes law enforcement to arrest a specific person. Arrest warrants are typically issued when law enforcement or the courts believe there is probable cause to think that an individual has committed a crime, violated a court order, or failed to appear in court.

In New York, the issuance and execution of arrest warrants are governed by Article 120 of the New York Criminal Procedure Law (CPL). A judge can issue an arrest warrant if:

• A criminal action has begun in a local court.
• There is reasonable cause to believe the individual has committed an offense.
• A summons would be inadequate to compel the individual's appearance in court.

An arrest warrant typically includes details like the defendant's name or description, the offense they are charged with, the issuing court, the date of issuance, and the signature of the issuing judge. Once issued, an arrest warrant can be executed by law enforcement officers or any other public servants authorized to do so at any time unless otherwise specified by the court.

Schenectady County Arrest Warrant Search

Individuals interested in searching for active arrest warrants in Schenectady County may visit the Schenectady County Sheriff's Office during business hours to make an inquiry. The sheriff's office keeps records of warrants issued within its jurisdiction.

Additionally, some municipal police departments may have warrant lists available online or upon request. Interested parties can also inquire in person at the respective police department for information about active warrants.

Do Schenectady County Arrest Warrants Expire?

No, Schenectady County arrest records do not expire. Once issued, a warrant remains active until it is executed, the individual is arrested, or the court recalls or quashes the warrant. Warrants can only become invalid under specific circumstances, such as mistaken identity, new exculpatory evidence, or if the individual in question is deceased.

However, a court may recall a warrant under other circumstances, such as the expiration of the statute of limitations for the alleged crime. In cases where the warrant is issued for a serious crime without a statute of limitations, such as murder, the warrant remains valid indefinitely until the individual is apprehended or the court takes action to invalidate it.