Rap Sheet Manual - Beyond the March

Rap Sheet Manual
Requesting a New York State rap sheet
A New York State rap sheet will contain an individual’s criminal history in Ne w York and indicate
whether convictions exist in other states, though it will not say what those convictions are. To get a rap
sheet, an individual has to fill out a request form, be fingerprinted, and pay $50 or provide proof of
indigence.
1. Fill out the official DCJS Request for Record Review. Under “Attorney Last Name,” write
“Community Service Society;” for the address and phone number, write “ 105 E. 22nd Street, 7th Floor New York, NY 10010 (212) 614-5441
2. Fill out and place fingerprints on form DCJS-4.
3. Have the client sign and date the retainer and notarize.
4. Include $50 by money order or fill out and notarize the fee waiver request form and provide proof of
low income, like a public assistance card or paystub.
5. Mail all of the above to: NYS Division of Criminal Justice Services Civil Identification Bureau 4 Tower Place Albany, NY 12203-3702
6. The rap sheet will be mailed to CSS, unless the client did not designate CSS as its attorney and did
not complete the retainer.
Requesting a FBI rap sheet
A FBI rap sheet will contain an individual’s criminal history from all fifty states. Requesting it is similar
to getting a New York State rap sheet. 1. Fill out and print the cover letter at: http://www.fbi.gov/hq/cjisd/cover_letter.pdf
2. Fill out and place fingerprints on form FD-258.
3. Include $18 by money order or credit card: http://www.fbi.gov/hq/cjisd/credit_card_payment.pdf
a. Like DCJS, the FBI will waive the fee for indigence. Fill out and notarize a fee waiver request
form and provide proof of low income, like a public assistance card or paystub.
4. Mail all of the above to: FBI CJIS Division – Record Request 1000 Custer Hollow Road Clarksburg, West Virginia 26306
5. The rap sheet will be mailed back to the client.
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CSS Rap Sheet Manual• 1 Analyzing the rap sheet
Before you begin, take note of your client’s NYSID # and “III status.” Both are at the bottom of the
“Identification Information” section, typically on page 2 of the rap sheet. You will use the NYSID # in
correspondence with DCJS; the III status will tell you whether your client has any convictions outside of
New York State, though it will not say in which state or for which crimes.
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There are four things to look for when you examine a rap sheet: open warrants; cases without a
disposition; cases that should be sealed but are not; and double entries. When you go over a person’s rap
sheet with them, you should also check that each case lists the correct conviction.
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1. Check to see whether the conviction is sealed. If it is, there’s nothing more to do.
2. Within each cycle, write down the arrest date (called “Date of Crime”) and then jump to the “Court
Case Information” section. 3. Directly underneath, write down the borough of the criminal court and the case number. 4. Next, jump to “Convicted Upon Plea of Guilty” and note the date, crime, Penal Code number, and
class of crime. Do not count anything under “In Full Satisfaction Of.”
a. Instead of “Convicted Upon Plea of Guilty,” you might see that a case has been disposed in
favor of the defendant. These should be sealed pursuant to CPL 160.55. Types of favorable
dispositions are dismissal, acquittal, dismissal by grand jury (“No True Bill”), decline
prosecution (“District Attorney Declined Prosecution” or “Nolle Prosequi”), or adjournment in
contemplation of dismissal (“ACD”).
b. If there is no “Convicted Upon Plea Of Guilty” or favorable disposition, the case might be an
incomplete entry or open warrant. Open warrants are when “Bench Warrant Issued” is the
last entry in a particular cycle, but these cases may just simply be incomplete entries. 5. Check to see if each of the convictions should be sealed. Here is a list by penal code number:
100.00 120.17
140.05
145.30 145.50
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215.28
215.58
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240.20 240.26
221.05
Criminal Solicitation 5 Hazing 2 Trespass
Unlawfully Posting Advertisements Penalties for littering on railroad tracks
and rights of way Misconduct by a juror 2 Failing to Respond to an appearance
ticket Disorderly conduct Harassment 2
240.35
Loitering, except 240.35(3): loitering
in a sexually deviant manner
240.37
Loitering for the purposes of engaging
in prostitution, if a first offense
240.40
Appearance in public under the
influence of narcotics or a drug other
than alcohol
245.01
Exposure of a person
245.02
Promoting the exposure of a person
245.05 Offensive exhibition
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Unlawful possession of marijuana; should be sealed as a favorable disposition under CPL
160.55 after three years. If it’s more than three years old and unsealed, it’s an error.
6. Compare the arrest dates on each cycle to make sure one arrest hasn’t been split into more than one
entry, making your client’s record look longer than it actually is.
7. Finally, ask your client whether each conviction is correct, especially if they might have been
adjudicated a youthful offender. Criminal records, like any other computer system, may contain typos.
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CSS Rap Sheet Manual• 2 Cleaning up the rap sheet
You will generally help your clients clean up their rap sheets by correcting incomplete entries and sealing
cases, but you first have to check whether there are any open warrants. You may also find cases where the
information is spread over two cycles, when everything should be in one.
1. Resolving open warrants
Even though the last entry on your client’s rap sheet is “Bench Warrant Issued,” the case may have been
resolved but never reported to DCJS. You can call a Legal Aid paralegal (212-732-5000) who will look up
the docket number in their system and be able to tell you for sure. If your client received a sentence and
there isn’t actually an open warrant, follow the instructions for correcting incomplete entries below. If
there is an open warrant, finish analyzing the rap sheet and contact the CSS Staff Attorney.
2. Correcting incomplete entries
Your client has to provide proof before DCJS will correct its records. Proof usually comes by sending a
“Challenge Form” to DCJS along with a disposition slip (or “certificate of disposition”), which is the
official record of what happened in a particular case. The “Challenge Form” your client receives from
DCJS has a unique “Control Number;” use it in all correspondence with DCJS. A sample form is on Page
8. If your client wants to correct more than one case, she or he must use a separate disposition slip and
“Challenge Form” for each one.
a) Get a disposition slip from the sentencing court.
The quickest way to get a disposition slip is to go to your client’s sentencing court. You
will need your client’s name (or alias if arrested under a different name), date of birth, a
photo ID, and the docket number. Disposition slips cost $10, but that fee might be waived
if your client was represented by a free, court-appointed lawyer and is currently on public
assistance or has a limited income. See Pages 5 and 6 for a form and fee-waiver request,
but have your client bring $10 for each certificate just in case.
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If no disposition slip is available, your client will have to get the sentencing transcript,
which is the record of what the judge did that day, from the court clerk.
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Manhattan Criminal Court Clerk
100 Centre Street
Non-felonies: Room 150
Felonies: Room 1000
New York, NY 10013
646-386-4505
Brooklyn Criminal Court Clerk
120 Schermerhorn Street, Room 502
Brooklyn, NY 11201
718-643-4044/6
Bronx Criminal Court Clerk
851 Grand Concourse
Room 123
Bronx, NY 10451
718-590-2865/6/7
Queens Criminal Court Clerk
125-01 Queens Blvd.
Queens, New York 11415
718-520-3595
CSS Rap Sheet Manual• 3 Richmond Criminal Court Clerk
67 Targee St.
Staten Island, NY 10304
718-390-8400
b) Send a letter, challenge form, fingerprint card, and original disposition slip to DCJS.
Your client’s letter to DCJS should include when and where she or he reviewed the
criminal record, her or his NYSID number and DCJS control number, and a list of what is
being challenged and how it should be corrected. A sample letter is on Page 7. Your
client should fill out and sign the Challenge Form, but write “See attached” under
“RECORD SHOULD READ.” Then, simply include the original fingerprint card and
disposition slip. DCJS will keep the originals, so your client should make photocopies if
she or he desires beforehand.
c)
How your client knows the record has been corrected.
A few weeks after you mail the correction request, DCJS should notify your client by
letter. To make sure the record is sealed, your client can request his rap sheet again with
the same fingerprint card she or he used to get it initially
3. Sealing cases
Most cases after November 1991 that can be sealed should be sealed. If such a case is not sealed, follow
the steps under 2.a. above to get a disposition slip and send it (the original, not a copy) to DCJS with a
letter explaining that the case should be sealed. A sample letter is on Page 7. !
If the case is from before November 1991, what your client has to do depends on whether the case was
favorably terminated. If the case was favorably terminated, the District Attorney will have that record,
not the court clerk. Call the office of the District Attorney in the borough where your client was sentenced
and ask for a letter verifying that it declined prosecution; this is sometimes called a “343 dismissal form.” !
Manhattan District Attorney
212-355-9000
Brooklyn District Attorney
718-250-2000
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Bronx District Attorney
718-590-2000
Queens District Attorney
718-286-6000
Richmond District Attorney
718-876-6300
Once you receive the form from the District Attorney, copy it and mail the original and a letter explaining
that your client wants her or his record sealed to the DCJS Sealed Records Unit. A sample letter is on
Page 7. The letter should contain your client’s name, address, and NYSID and Social Security numbers.
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Division of Criminal Justice Services
Sealed Records Unit
4 Tower Place
Albany, NY 12203-3764
CSS Rap Sheet Manual• 4 !
If the case was not favorably terminated but should nevertheless be sealed, call the clerk of the court
where your client was sentenced to see what its process is. Basically, DCJS needs a court order to seal an
old record and, before the order can be issued, the District Attorney needs five days’ notice in case it has
any objection. How much of that process your client has to do on their own depends on the court. !
1. In Manhattan, your client can go to the court clerk with her or his NYSID number, the docket
number, the charge, and the date of arrest and conviction; and the clerk will fill out and file the
necessary papers with the court and the District Attorney. Your client doesn’t need to do anything
else.
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2. In other boroughs, call the court clerk and ask whether the case can be sealed with a letter. If so, ask
where and to whom to send it, and also ask whether a letter needs to be sent to the District Attorney.
The letter should include your client’s name (or alias if your client was arrested under a different
name) and address, your client’s NYSID number, the docket number, the charge, and the date of arrest
and conviction. A sample letter is on Page 9.
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3. If your client cannot seal her or his case with a letter, she or he will have to file a sealing motion with
the court. Again, how much of the following your client has to do depends on the court. This motion
is basically a request for the court to order that the case be sealed. Motions consist of two documents,
a notice of motion and an affidavit. Sample documents are in the Legal Action Center manual
Appendix 14. Once the motion is drafted and signed, make three copies: one for your client, one for the District
Attorney, and one for the court. Bring them to the District Attorney’s office, drop off the one for them,
and ask them to mark the one going to the court “received.” This lets the court know that the District
Attorney knows about the motion. Then file the motion with the court. The court may ask for your
client to appear when the motion is decided, but this is just a formality. If your client is nervous about
this, however, a CSS Staff Attorney may be able to accompany her or him. !
4. Clearing double entries
Sometimes because of a clerical or computer error, arrest and disposition information will be split over
two cycles on your client’s rap sheet. This is fairly easy to spot and to fix. Usually you can just call DCJS
at (518) 485-7675; give your client’s name and NYSID number; and the clerk will see and fix the error. If
the clerk will not, your client will have to get a disposition slip. Follow the instructions under 2.a. above
and send the slip (the original, not a copy) to DCJS with a letter explaining that the cycles should be
consolidated. A sample letter is on Page 7.
CSS Rap Sheet Manual• 5

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