__________________________________________Ask the DA
 

How do I obtain an official record indicating your office did not prosecute me for an arrest several years ago? 

If you were arrested in Brooklyn for alleged violation(s) of New York, not federal, law and the matter was concluded without your appearance before a judge for arraignment on the charge(s), upon submission of an appropriate request my office will prepare a letter indicating either that we declined to prosecute you for the alleged offense(s) or that we have no record of your prosecution for the alleged offense(s).  

You may request such a letter from my office by sending a notarized letter to the Kings County District Attorney’s Office, Early Case Assessment Bureau, 350 Jay Street, Brooklyn, New York 11201. Your letter must include all pertinent information regarding the arrest, especially the arrest number and date of arrest.   

If you appeared before a judge for arraignment of your case, you must contact the clerk of the court where you last appeared for a certificate of disposition.  

What is the statute of limitations to prosecute for child abuse in Brooklyn, New York if the person who was abused is now 29 years old and it happened from age four until eight? 

Generally speaking, under New York law a prosecution for a crime defined as a felony must be started within five years after its commission; a prosecution for a crime defined as a misdemeanor within two years after its commission; and a prosecution for a crime defined as a “petty offense” within one year after its commission. But there are many exceptions to these very broad rules. 

For instance, if the alleged abuse referred to above were sexual in nature and the criminal conduct fell within the definition of rape in the first degree (penal law section 130.35), criminal sexual act in the first degree (penal law section 130.50), aggravated sexual abuse in the first degree (penal law section 130.70), or course of sexual conduct against a child in the first degree (penal law section 130.75), a prosecution could be commenced at any time.  

Under other provisions of law relating to sexual offenses against a child, the statute of limitations does not begin to run until the child turns eighteen or the offense is first reported to a law enforcement agency or the statewide central register of child abuse and maltreatment, whichever comes first.  

Without knowing more about the abuse in question or whether other circumstances exist which might extend the statute of limitations, I cannot answer your question conclusively.

For more information please visit the office’s Web site at www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org.