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.