Sealing Disciplinary Charges and Records and Expungement of Investigative Reports
It is important that officers request the sealing or expungement of their records when circumstances permit, because under Department rules once such records have been sealed, they may not be referred to when the officer is being promoted, transferred or being considered for a detail assignment. Examples of where sealing or expungement of records is available include those situations when an officer is charged but not found guilty, when the requisite period after receiving charges has run, or when the officer has been investigated but exonerated of any wrongdoing. See Article XVI, Sections 7 and 8 of the Collective Bargaining Agreement between the City of New York and the Patrolmen's Benevolent Association and Patrol Guide Procedure Nos. 206-14 and 206-15.
Sealing Disciplinary Charges
Officers should request the sealing of disciplinary charges against them in cases where they have been found "not guilty" after a Department trial. See Patrol Guide Procedure No. 206-15. If the request is approved, disciplinary charges will be sealed from the officer's Central Personnel Index file, the Department Advocate's Disciplinary Record System database and any other folders/files where disciplinary charges are maintained. Please note, however, that the request cannot be made until two years following the final decision after trial.
If you would like to Seal Disciplinary Charges, click here to view the form.
Sealing Disciplinary Records
When an officer has been charged with a Schedule "A" violation (see Patrol Guide Procedure No. 206-03) that has been heard in the Trial Room and disposition of the charge at trial or on review or appeal therefrom is other than "guilty," the officer may, after two years from such disposition, petition the Police Commissioner for the purpose of expunging the record of the case. See Article XVI, Section 8 of the Collective Bargaining Agreement between the City of New York and the Patrolmen's Benevolent Association.
If you would like to Seal Disciplinary Records (Schedule "A" command disciplines), click here to view the form.
Officers may request the sealing of all records pertaining to a Schedule "B" command discipline on the third anniversary from the date of disposition if they have not received charges and specifications or additional Schedule "B" discipline in that three-year period. See Patrol Guide Procedure No. 206-14.
If you would like to Seal Disciplinary Records (Schedule "B" command disciplines), click here to view the form.
Expungement of Investigative Reports
Where an officer has been the subject of an investigation and the allegations are deemed unfounded and/or the officer is exonerated of the charges, the officer may make a written request to the Chief of Personnel that the investigative reports be removed from his/her Personnel Folder in accordance with Article XVI, Section 7 of the Collective Bargaining Agreement between the City of New York and the Patrolmen's Benevolent Association. Upon receipt of the request, the Department will remove investigative reports that have been classified as "exonerated" or "unfounded."
If you would like to Expunge Investigative Reports, click here to view the form.