Washington County Arrest Records

An arrest refers to the apprehension of an individual suspected of committing a crime. Under New York Criminal Procedure (CPL) Section 120.10, an arrest can be made in Washington County after the issuance of a warrant of arrest. Conversely, an arrest can also be made without a warrant in certain situations under CPL Section 140.05. For instance, a police officer can arrest an individual without a warrant when they have reasonable cause to believe said individual has committed an offense in the officer's presence or otherwise.

Washington County arrest records are generated following an arrest within the county. The agency responsible for the arrest generates and maintains these records to document arrests. These records provide information about an individual's criminal past. Furthermore, relevant government agencies and bodies utilize these records to create arrest statistics and recognize crime trends in specific areas. Arrest information is also featured in Washington County Court Records pertaining to the prosecution of the offense that caused a particular arrest.

Are Arrest Records Public in Washington County?

Yes. New York Freedom of Information Law (FOIL) grants the general public the right to access records of government agencies, including law enforcement agencies. As a result, anyone can query local law enforcement agencies in Washington County to access local arrest records. Under FOIL § 87, however, arrest records may be withheld from the general public if disclosure would:

• Interfere with law enforcement investigations or judicial proceedings
• Deprived a person of their right to a fair trial or impartial adjudication
• Disclose confidential information or the identity of a confidential source
• Endanger the life or safety of any person
• Reveal confidential criminal investigative techniques or procedures

Other state and federal statutes also exempt certain types of arrest records from disclosure, including expunged records and juvenile arrest records.

What Do Public Arrest Records Contain?

The following are some of the contents of public arrest records in Washington County:

• Mugshot
• Arrestee's name and age
• Offense date and time
• Arrest date and time
• Incident number
• Booking date and number
• Charges

Washington County Arrest Statistics

The Annual Criminal Justice Statistics provided by the Division of Criminal Justice Services (DCJS) shows that 1,014 adult arrests were reported in Washington County in 2023, a 17.5% increase from the previous year, and of the total, felony and misdemeanor offenses accounted for 337 and 677 arrests, respectively. Unfortunately, the DCJS does not report juvenile arrest statistics.

Find Washington County Arrest Records

Record seekers may find arrest records in Washington County by contacting local law enforcement agencies. These include the Washington County Sheriff's Office and local police departments. These agencies are responsible for most arrests made within Washington County. Notwithstanding, federal and state law enforcement agencies may make arrests within the county.

In Washington County, each local law enforcement agency's procedures for requesting arrest records and avenues for making arrest records public may differ. Nonetheless, most agencies accept in-person queries for arrest records at their precinct during regular office hours. Appointments may be required. A good rule of thumb is to contact an agency to inquire about their procedures for requesting their records before paying them a visit. Record seekers can find the contact information of local police departments through the Washington County Sheriff's Office law enforcement directory.

Washington County Sheriff's Office is unique because it publishes recent arrests on its official website. It is provided in a list format and only contains a synopsis of relevant arrests. Record seekers can obtain complete arrest records by contacting the County Sheriff's Office at:

Washington County Sheriff's Office
Law Enforcement Center
399 broadway
Fort Edward, New York 12828
Phone: (518) 746 - 2385 (admin)

Free Arrest Record Search in Washington County

Interested persons can find arrest records for free in Washington County through online resources provided by local law agencies. For instance, the Washington County Sheriff's Office publishes recent arrests on its website. The publication is accessible for free but only contains basic details about reported arrests.

Record seekers may also access arrest records in Washington County for free by inspecting them in person at a local prescient. However, agencies typically charge fees for reproducing copies of arrest records when requested.

How Long Do Arrests Stay on Your Record?

According to the Retention and Disposition Schedule for New York Local Government Records (LGS-1), arrest summary records or logs are retained permanently. Meanwhile, case investigation records, including accompanying arrest reports, have varying retention periods based on the case's final disposition. These include but are not limited:

• Homicides, suicides, arson (first, second, or third degree), missing persons (until located), aggravated sexual assault (first degree), course of sexual conduct against a child (first degree), active warrants, and stolen or missing firearms (until recovered or destroyed)—retained permanently
• All felonies except those covered by parts "a" and "c" and fatalities other than homicides—retained for 25 years after the case closes
• Fourth-degree arson and non-fatal (including vehicular) accidents—retained for 10 years after the case is closed
• Misdemeanors—retained for five (5) years after the case is closed
• Offenses involving a violation or traffic infraction—retained for one (1) year after the case is closed
• Investigation that reveals an adult has committed no offense—retained for five (5) years
• Sexual offenses against a child, as defined by the Child Victims Act—retained until the child reaches the age of 55

Expunge Washington County Arrest Records

Expungement is a legal process that nullifies a charge, conviction, or arrest so that it seems like it never happened. Once a record gets expunged, it will not:

• Show up on a criminal history background check.
• Be used against an individual when applying for housing, student loans, or a job.
• Be found by law enforcement unless during the reviews for a gun license or a job in law enforcement application.
• Have to be listed on a job or school application

Under New York's Criminal Procedure Law § 160.50 (5)(a), convictions for certain marihuana/cannabis-related offenses (possessing up to 16 ounces or selling up to 25 grams of marihuana/cannabis) are eligible for automatic expungement. These include:

• First-degree or second-degree unlawful possession of marihuana
• Third-degree or fourth-degree criminal possession of marihuana
• Fifth-degree criminal sale of marihuana
• Fourth-degree criminal possession of marihuana
• Restrictions on cannabis use
• Personal cultivation and home possession of cannabis
• Unlawful possession of cannabis,
• Unlawful sale of cannabis
• Loitering in the First Degree, Seventh Degree Criminal Possession of a Controlled Substance, and Fifth Degree Criminal Possession of a Controlled Substance. Provided the court finds that the only controlled substance involved in a such case was concentrated cannabis (hashish).

Meanwhile, individuals with records of convictions or arrests for marihuana/cannabis-related offenses that do not qualify for automatic expungement can apply under CPL 440.46 a (2) to:

• Vacate the conviction
• Dismiss or reduce the charges
• Reduce the sentence

This can be done by completing the CPL 440.46-a Fillable form and filing it with the court where the conviction occurred. In Washington County, it may be the Washington County Courthouse. Interested persons can find information about the expungement process for eligible marihuana/cannabis-related offenses on the NYcourts marihuana expungement page.

New York Laws only allow expungement of eligible marihuana/cannabis-related offenses. Meanwhile, other criminal records may qualify for sealing. Sealed records still exist, but all related fingerprint and palmprint cards, booking photos, and DNA samples may be returned to the record's subject or destroyed. The following qualifies for automatic record sealing under New York laws:

• Cases that ended in "Good Result".
• Crimes committed by children
• Crimes committed by youthful offenders
• Certain violations and traffic infractions like disorderly conduct and trespass

Although the following are not eligible for automatic sealing, individuals can petition a court with appropriate jurisdiction to seal them:

• Two (2) misdemeanors maximum or no more than one (1) felony and one (1) misdemeanor conviction. Provided the offender has not committed a crime for 10 years prior to submitting their request. Note that violent felonies, sex offenses, and serious felonies are not eligible for sealing.
• Certain convictions listed under the Rockefeller Drug Law Reform provided the offender has successfully completed a drug treatment program.

Prospective applicants apply to seal records after 10 years in Washington County through the following steps:

• Step 1—Complete a Criminal Certificate of Disposition for each record to be sealed, file it with the Washington County Courthouse, and pay the $10 filing fee.
• Step 2—After receiving the Criminal Certificate of Disposition for relevant records, complete the Sealing Application (this is also known as the Notice of Motion and Affidavit in Support). The form must be signed in front of a notary public, and evidence of proof of rehabilitation should be attached to it.
• Step 3—Serve copies of the Criminal Certificate of Disposition, Sealing Applications, and other supporting documents to the Washington County District Attorney's Office.
• Step 4—Complete the Affidavit of Service and sign it before a notary public.
• Step 5—Make personal copies of all of the aforementioned documents
• Step 6—File the original copy of the Sealing Application, Affidavit of Service, Certificate of Disposition, and any other supporting documents with the Washington County Courthouse. Fortunately, there is no filing fee for these documents.

If the sealing application gets approved, the court will issue a Signed Seal Order. To verify that the record has been sealed, complete a Request for Seal Verification form and mail it with a copy of the Court-Signed Seal Order to the NYS Division of Criminal Justice Services.

Washington County Arrest Warrants

According to CPL § 120.10, an arrest warrant is a document issued by a local criminal court that directs a police officer to arrest a defendant in connection to an accusatory instrument filed with the court. Per CPL § 120.20, a court may issue an arrest warrant when a criminal case has commenced and an accusatory instrument, other than simplified traffic information, against the defendant is filed with the court. Some of the typical information found in an arrest warrant includes:

• The document number
• The defendant's full name, sex, age, and race
• Issuance date
• Charges

One way interested persons can find information about active arrest warrants in Washington County is by reviewing the County Sheriff's Office (WCSO) Active Warrants Lists online.

Do Washington County Arrest Warrants Expire?

Washington County arrest warrants never expire and remain active until the defendant is arrested or dies. However, in some instances, the issuing court can recall a warrant.