How to get a copy of a sealed court record

March 18, 2018 8:38 AM

Several years ago, I filed a domestic violence report and received a restraining order against my soon to be ex husband. I think I changed my mind at the end about pressing charges. I tried obtaining a copy of the report and order at the same police department last year but was told that it was sealed.

I think it was because he was never convicted (he did not try to get it sealed himself). How do I obtain a copy of the report? Is my only recourse to file a motion to unseal the record? Asking my soon to be ex husband to request a copy is not an option as we are on acrimonious terms. P.s. the jurisdiction is New York City.

posted by thesockpuppet to Law & Government (6 answers total)

Response by poster: Whoops, I should have called it a sealed 'criminal record'.
posted by thesockpuppet at 8:40 AM on March 18, 2018

According to your description and this NY Courts website, what you're asking about is not a criminal record. No crime was ever charged. Since you have a divorce in progress right now, the most reasonable step would be to ask your divorce lawyer to look into it.
posted by JimN2TAW at 8:48 AM on March 18, 2018 [1 favorite]

Response by poster: There are two types of criminal records, arrest records and records of conviction. There has to be some sort of criminal record because it's sealed. Also, my ex spent at least a night in jail.
posted by thesockpuppet at 9:10 AM on March 18, 2018

I don't know about New York, but in Florida there is often a "no contact" order that is part of criminal domestic violence (battery) case. This is entirely separate from a civil domestic violence restraining order you can also get, though they are similar. If the criminal case has been sealed then you may have trouble getting the record. Try asking the clerk of court instead of the police, they are likely more helpful for this.
posted by gatorae at 2:44 PM on March 18, 2018

Restraining orders in NY are issued through the Family Court when the petitioner files them. Start there rather than with the police.
posted by peanut_mcgillicuty at 3:22 PM on March 18, 2018

Best answer: I have had to do this. Go through the victim advocate. Also, I wouldn’t assume that your ex had nothing to do with it being sealed.
posted by corb at 6:04 AM on March 19, 2018