If you have ever been arrested and fingerprinted, you have a rap sheet.
If you were arrested in New York State, the NY State Division of
Criminal Justice Services (DCJS) maintains your NY State rap sheet. If
you were arrested in another state, you have a separate rap sheet for
that state. The Federal Bureau of Investigation (FBI) keeps a record of
all your arrests and convictions nationwide.
What does it mean to clean up my rap sheet?
Cleaning up your rap sheet means to correct any errors on your rap
sheet that could be damaging to you if a potential employer sees your
rap sheet. Here are some possible errors that may be on your rap sheet:
- Sealed information - Your rap
sheet may contain sealed information, which employers do not have a
right to see. For example, your rap sheet may include youthful offender
records, which should be sealed. In addition, if you were arrested but
not convicted of a crime or your case was dismissed, the information
about that case should be sealed. Also, arrests and convictions for
non-criminal offenses or violations should be sealed.
- Incomplete information - Your rap sheet may list an arrest but not say
how the case ended up (conviction, case dismissal). Someone reviewing
your rap sheet may assume that you were convicted or that there is a
warrant out for your arrest, even if your case was dismissed or you
were not convicted.
- Multiple entries - One arrest may be listed more than once on your record.
** You cannot remove records of an arrest if you were convicted or
plead guilty to a crime. These records will remain on your rap sheet.**
Who can see my rap sheet?
You are allowed to review your own rap sheet. In addition, several
other groups of people are allowed to review your rap sheet:
- Criminal Justice and Law
Enforcement Agencies - Police departments, courts, parole and probation
departments, correction officials, prosecutors, and defense attorneys
have the right to review your criminal record.
- Some potential employers - Public employers (federal, state and local
government agencies), hospitals, childcare agencies, museums, banks and
brokerage houses, schools, and school bus companies all can review your
criminal record.
- Occupational
Licensing Agencies - Agencies that issue licenses to practice a given
profession, for example agencies that issue licenses to barbers, real
estate brokers, doctors, nurses and taxi drivers to practice their
professions, have the right to review your rap sheet if you apply for
one of these licenses.
- Bonding
Agencies - If your employer or potential employer takes out a bond on
you, which is like an insurance policy, the Agency that issues that
bond has the right to review your criminal record. Because many different people, particularly
employers, can review your criminal record, you want to make sure that
the information on your rap sheet is correct.
How do you clean up your rap sheet?
First, get a copy of your rap sheet(s). If you were arrested in New
York State, you can request a copy of your rap sheet by completing a
"Request for Record Review" form and returning it to DCJS. You will
have to send a money order for $25 with this form and a copy of your
fingerprints. DCJS will waive the $25 fee if you are currently
incarcerated or if you have very low income. You can prove that you
have very low income by providing DCJS with a copy of your Public
Assistance or Medicaid card. You can get this form by writing to:
New York State Division of Criminal Justice Services
Record Review Unit
4 Tower Place
Albany, NY 1203-3764
Tel. (518) 485-7675
You can get a copy of your Federal rap sheet, which lists all your
arrests in NY State and in any other state where you may have been
arrested, by contacting the FBI. Write a letter to the FBI stating that
you are requesting your rap sheet under the Freedom of Information Act.
In your letter to the FBI, mention your name, address, date of birth,
and place of birth, and include a complete set of fingerprints. You
must enclose a $18 money order or certified check with your request for
your federal rap sheet. The FBI will waive the fee if you send a
notarized letter stating that you are unable to pay the $18 fee.
Next, review your rap sheet(s) looking for any errors mentioned above. Make a list of all errors.
In order to correct these errors, you must provide proof that your rap
sheet is incorrect. The Court that handled your case holds the official
record of the case, called a "Disposition Slip." The Disposition Slip
contains your arrest date, charge, case docket number, disposition (how
the case ended-conviction, acquittal, or dismissal of charges), and
disposition date. Your Disposition Slip for the case should contain the
correct information. Contact the County Clerk for the Court that heard
your case to get your Disposition Slip for the case.
If your New York State rap sheet contains
information about your case that is different from the information on
your disposition slip, you can request that DCJS correct your rap
sheet. You must send an original copy of the Disposition Slip (for each
case that is incorrectly recorded on your rap sheet) to DCJS along with
a "Record Review and Statement of Challenge." You should receive a
"Record Review and Statement of Challenge" when you get a copy of your
rap sheet from DCJS. If you do not get this form, you can write a
letter to DCJS describing each case on your rap sheet that contains
incorrect information and what the correct information is for each
case. You must provide an original copy of the disposition slip for
each case that you want to challenge.
** If you feel the information on your
Disposition Slip is incorrect, you will need a lawyer to look into the
matter. **
In order to correct any errors on your Federal
rap sheet, you must contact the state agency that maintains the record
of your arrests in the state(s) where you were arrested. DCJS maintains
your record of arrests for any arrests that took place in NY State.
Further Assistance
If you want more information on how to get a copy of your rap sheet,
how to review your rap sheet, or how to correct any errors on it, you
can contact the Legal Action Center (LAC). You can request a booklet
from LAC that describes in detail how to clean up your rap sheet and
contains sample letters to request that DCJS correct information on
your rap sheet. In addition, LAC can provide one-on-one assistance with
your case.
Legal Action Center of the City of New York, Inc.
153 Waverly Place
New York, NY 10014
Tel. (212) 243-1313
www.lac.org
