Can a police see a prior arrest if the case was dismissed and sealed?

If a person is arrested and the case
gets dismissed and sealed, if a police
officer stops you for any reason and
looks you up can they see your prior
arrest?

Asked on April 21, 2016 under Criminal Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the case is officially expunged and completely taken off the record, then no one, including law enforcement, is able to ever see the arrest again.  However, if the case is only dismissed, then law enforcement will continue to have access.  If the case is "sealed," then law enforcement's access will depend on how the case was sealed and the parameters of the sealing.  Sometimes, law enforcement will still have some limited access.


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