New York Consolidated Law

Article 160 - NY Criminal Procedure Law

• NY Laws ›
• CPL ›
• Part 2 ›
• Title H ›
• Article 160

S 160.10 Fingerprinting; duties of police with respect thereto.
  1.  Following  an  arrest,  or  following the arraignment upon a local
  criminal  court  accusatory  instrument  of  a  defendant  whose   court
  attendance  has  been secured by a summons or an appearance ticket under
  circumstances described in sections 130.60 and 150.70, the arresting  or
  other  appropriate  police  officer  or  agency must take or cause to be
  taken fingerprints of the arrested person or  defendant  if  an  offense
  which is the subject of the arrest or which is charged in the accusatory
  instrument filed is:
    (a) A felony; or
    (b) A misdemeanor defined in the penal law; or
    (c) A misdemeanor defined outside the penal law which would constitute
  a  felony  if  such  person  had a previous judgment of conviction for a
  crime; or
    (d) Loitering for the purpose of engaging in a prostitution offense as
  defined in subdivision two of section 240.37 of the penal law.
    2. In addition, a police officer who makes an arrest for any  offense,
  either  with  or  without  a  warrant, may take or cause to be taken the
  fingerprints of the arrested person if such police officer:
    (a) Is unable to ascertain such person's identity; or
    (b) Reasonably suspects that the identification given by  such  person
  is not accurate; or
    (c)  Reasonably  suspects  that  such  person  is  being sought by law
  enforcement officials for the commission of some other offense.
    3.  Whenever  fingerprints  are  required  to  be  taken  pursuant  to
  subdivision  one  or  permitted to be taken pursuant to subdivision two,
  the photograph and palmprints of the arrested person or  the  defendant,
  as the case may be, may also be taken.
    4.  The  taking  of fingerprints as prescribed in this section and the
  submission of available information concerning the  arrested  person  or
  the  defendant and the facts and circumstances of the crime charged must
  be in accordance with the standards established by the  commissioner  of
  the division of criminal justice services.

S 160.20 Fingerprinting; forwarding of fingerprints.
  Upon the taking of fingerprints of an arrested person or defendant as
prescribed in section 160.10, the appropriate police officer or agency
must without unnecessary delay forward two copies of such fingerprints
to the division of criminal justice services.

S 160.30 Fingerprinting; duties of division of criminal justice services.
  1.  Upon receiving fingerprints from a police officer or agency
pursuant to section 160.20 of this chapter, the division of criminal
justice services must, except as provided in subdivision two of this
section, classify them and search its records for information concerning
a previous record of the defendant, including any adjudication as a
juvenile delinquent pursuant to article three of the family court act,
or as a youthful offender pursuant to article seven hundred twenty of
this chapter, and promptly transmit to such forwarding police officer or
agency a report containing all information on file with respect to such
defendant`s previous record, if any, or stating that the defendant has
no previous record according to its files.  Such a report, if certified,
constitutes presumptive evidence of the facts so certified.
  2.  If the fingerprints so received are not sufficiently legible to
permit accurate and complete classification, they must be returned to
the forwarding police officer or agency with an explanation of the
defects and a request that the defendant`s fingerprints be retaken if
possible.

S 160.40 Fingerprinting; transmission of report received by police.
  1. Upon receipt of a report of the division of criminal justice
services as provided in section 160.30, the recipient police officer or
agency must promptly transmit such report or a copy thereof to the
district attorney of the county and two copies thereof to the court in
which the action is pending.
  2.  Upon receipt of such report the court shall furnish a copy thereof
to counsel for the defendant or, if the defendant is not represented by
counsel, to the defendant.

S 160.45 Polygraph tests; prohibition against.
  1. No district attorney, police officer or employee of any law
enforcement agency shall request or require any victim of a sexual
assault crime to submit to any polygraph test or psychological stress
evaluator examination.
  2. As used in this section, "victim of a sexual assault  crime"  means
any  person  alleged  to  have  sustained  an  offense under article one
hundred thirty or section 255.25, 255.26 or 255.27 of the penal law.

S 160.50 Order upon termination of criminal action in favor of the accused.
  1. Upon the termination of a criminal action or proceeding  against  a
  person  in favor of such person, as defined in subdivision three of this
  section, unless the district attorney upon motion  with  not  less  than
  five  days  notice to such person or his or her attorney demonstrates to
  the satisfaction of the court that  the  interests  of  justice  require
  otherwise,  or  the court on its own motion with not less than five days
  notice to such person  or  his  or  her  attorney  determines  that  the
  interests  of  justice require otherwise and states the reasons for such
  determination on the record, the record of  such  action  or  proceeding
  shall  be sealed and the clerk of the court wherein such criminal action
  or proceeding was terminated shall immediately notify  the  commissioner
  of  the  division  of  criminal  justice  services  and the heads of all
  appropriate police departments and other law enforcement  agencies  that
  the  action  has been terminated in favor of the accused, and unless the
  court has  directed  otherwise,  that  the  record  of  such  action  or
  proceeding  shall  be  sealed.  Upon  receipt  of  notification  of such
  termination and sealing:
    (a) every photograph of such person and photographic plate  or  proof,
  and  all  palmprints  and  fingerprints  taken  or  made  of such person
  pursuant to the provisions of this article in regard to  the  action  or
  proceeding  terminated, except a dismissal pursuant to section 170.56 or
  210.46 of this chapter, and all duplicates and copies thereof, except  a
  digital  fingerprint image where authorized pursuant to paragraph (e) of
  this subdivision, shall forthwith be, at the discretion of the recipient
  agency, either destroyed or returned to such person, or to the  attorney
  who represented such person at the time of the termination of the action
  or  proceeding,  at  the address given by such person or attorney during
  the action or proceeding, by the division of criminal  justice  services
  and  by  any police department or law enforcement agency having any such
  photograph, photographic plate or proof, palmprint  or  fingerprints  in
  its possession or under its control;
    (b)  any  police  department  or law enforcement agency, including the
  division of criminal justice services, which  transmitted  or  otherwise
  forwarded to any agency of the United States or of any other state or of
  any  other jurisdiction outside the state of New York copies of any such
  photographs, photographic plates or proofs, palmprints and fingerprints,
  including those relating to actions or proceedings which were  dismissed
  pursuant  to  section  170.56 or 210.46 of this chapter, shall forthwith
  formally request in  writing  that  all  such  copies  be  destroyed  or
  returned  to  the  police  department  or  law  enforcement agency which
  transmitted or forwarded them, and,  if  returned,  such  department  or
  agency  shall,  at  its  discretion,  either  destroy  or return them as
  provided herein, except that those relating to  dismissals  pursuant  to
  section  170.56  or  210.46  of  this  chapter shall not be destroyed or
  returned by such department or agency;
    (c) all official records and papers, including judgments and orders of
  a court but not including  published  court  decisions  or  opinions  or
  records  and  briefs  on  appeal, relating to the arrest or prosecution,
  including all duplicates and copies thereof, on file with  the  division
  of  criminal justice services, any court, police agency, or prosecutor's
  office shall be sealed and not made available to any person or public or
  private agency;
    (d) such records shall be made available to the person accused  or  to
  such  person's  designated  agent,  and shall be made available to (i) a
  prosecutor in any proceeding in which the accused has moved for an order
  pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
  enforcement  agency  upon ex parte motion in any superior court, if such
  agency demonstrates to  the  satisfaction  of  the  court  that  justice
  requires  that  such records be made available to it, or (iii) any state
  or  local  officer  or  agency  with  responsibility for the issuance of
  licenses to possess guns, when the accused has made application for such
  a license, or (iv) the New York  state  department  of  corrections  and
  community  supervision  when  the  accused is on parole supervision as a
  result of conditional release or a parole release  granted  by  the  New
  York  state  board of parole, and the arrest which is the subject of the
  inquiry  is  one  which  occurred  while  the  accused  was  under  such
  supervision or (v) any prospective employer of a police officer or peace
  officer  as  those  terms  are  defined in subdivisions thirty-three and
  thirty-four  of  section  1.20  of  this  chapter,  in  relation  to  an
  application  for  employment  as  a  police  officer  or  peace officer;
  provided, however, that  every  person  who  is  an  applicant  for  the
  position  of  police  officer or peace officer shall be furnished with a
  copy of all records  obtained  under  this  paragraph  and  afforded  an
  opportunity  to  make  an  explanation  thereto,  or  (vi) the probation
  department responsible for supervision of the accused  when  the  arrest
  which  is  the  subject  of  the inquiry is one which occurred while the
  accused was under such supervision; and
    (e) where fingerprints subject to the provisions of this section  have
  been received by the division of criminal justice services and have been
  filed  by  the  division as digital images, such images may be retained,
  provided that a fingerprint card of the individual is on file  with  the
  division which was not sealed pursuant to this section or section 160.55
  of this article.
    2. A report of the termination of the action or proceeding in favor of
  the accused shall be sufficient notice of sealing to the commissioner of
  the  division  of  criminal  justice  services  unless  the  report also
  indicates that the court directed that the record not be sealed  in  the
  interests  of  justice.  Where  the  court  has  determined  pursuant to
  subdivision one of this section that sealing is not in the  interest  of
  justice,  the  clerk  of  the  court  shall include notification of that
  determination in any report to such division of the disposition  of  the
  action or proceeding.
    3.  For  the  purposes  of subdivision one of this section, a criminal
  action or proceeding against a person shall be considered terminated  in
  favor of such person where:
    (a)  an order dismissing the entire accusatory instrument against such
  person pursuant to article four hundred seventy was entered; or
    (b) an order to dismiss the entire accusatory instrument against  such
  person  pursuant  to  section  170.30,  170.50,  170.55, 170.56, 180.70,
  210.20, 210.46 or 210.47 of this chapter was entered or deemed  entered,
  or  an order terminating the prosecution against such person was entered
  pursuant to section 180.85 of this chapter,  and  the  people  have  not
  appealed from such order or the determination of an appeal or appeals by
  the people from such order has been against the people; or
    (c)  a  verdict  of  complete  acquittal  was made pursuant to section
  330.10 of this chapter; or
    (d) a trial order of dismissal of  the  entire  accusatory  instrument
  against such person pursuant to section 290.10 or 360.40 of this chapter
  was  entered  and  the  people  have not appealed from such order or the
  determination of an appeal or appeals by the people from such order  has
  been against the people; or
    (e)  an  order  setting  aside a verdict pursuant to section 330.30 or
  370.10 of this chapter was entered and the people have not appealed from
  such order or the determination of an appeal or appeals  by  the  people
  from  such  order  has been against the people and no new trial has been
  ordered; or
    (f)  an  order  vacating a judgment pursuant to section 440.10 of this
  chapter was entered and the people have not appealed from such order  or
  the  determination of an appeal or appeals by the people from such order
  has been against the people, and no new trial has been ordered; or
    (g) an order of discharge pursuant to article  seventy  of  the  civil
  practice  law  and  rules  was entered on a ground which invalidates the
  conviction and the people have not  appealed  from  such  order  or  the
  determination  of an appeal or appeals by the people from such order has
  been against the people; or
    (h) where all charges against such person are  dismissed  pursuant  to
  section  190.75  of  this chapter. In such event, the clerk of the court
  which empaneled the grand jury  shall  serve  a  certification  of  such
  disposition  upon the division of criminal justice services and upon the
  appropriate police department  or  law  enforcement  agency  which  upon
  receipt  thereof,  shall  comply  with the provisions of paragraphs (a),
  (b), (c) and (d) of subdivision one of this section in the  same  manner
  as  is  required  thereunder with respect to an order of a court entered
  pursuant to said subdivision one; or
    (i) prior to the  filing  of  an  accusatory  instrument  in  a  local
  criminal  court  against  such  person,  the  prosecutor  elects  not to
  prosecute such person. In such  event,  the  prosecutor  shall  serve  a
  certification  of such disposition upon the division of criminal justice
  services and upon the appropriate police department or  law  enforcement
  agency  which, upon receipt thereof, shall comply with the provisions of
  paragraphs (a), (b), (c) and (d) of subdivision one of this  section  in
  the  same manner as is required thereunder with respect to an order of a
  court entered pursuant to said subdivision one.
    (j) following the arrest of such person, the arresting police  agency,
  prior  to  the  filing  of  an accusatory instrument in a local criminal
  court but subsequent to the forwarding of a copy of the fingerprints  of
  such  person to the division of criminal justice services, elects not to
  proceed further. In such event, the head of the arresting police  agency
  shall  serve  a  certification  of such disposition upon the division of
  criminal justice services which, upon receipt thereof, shall comply with
  the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of
  this section in the same manner as is required thereunder  with  respect
  to an order of a court entered pursuant to said subdivision one.
    (k)  (i)  The accusatory instrument alleged a violation of article two
  hundred twenty or section 240.36 of the penal law, prior to  the  taking
  effect  of  article  two  hundred  twenty-one  of  the  penal  law, or a
  violation of article two hundred twenty-one of the penal law;  (ii)  the
  sole  controlled  substance  involved is marijuana; (iii) the conviction
  was only for a violation or violations; and (iv) at  least  three  years
  have passed since the offense occurred.
    (l)  An  order dismissing an action pursuant to section 215.40 of this
  chapter was entered.
    4. A person in  whose  favor  a  criminal  action  or  proceeding  was
  terminated,  as  defined in paragraph (a) through (h) of subdivision two
  of this section, prior to the effective date of this section,  may  upon
  motion  apply  to the court in which such termination occurred, upon not
  less than twenty days notice to the  district  attorney,  for  an  order
  granting  to such person the relief set forth in subdivision one of this
  section, and such order shall be granted unless  the  district  attorney
  demonstrates  to  the  satisfaction  of  the court that the interests of
  justice require otherwise. A person in whose favor a criminal action  or
  proceeding  was  terminated,  as  defined  in  paragraph  (i)  or (j) of
  subdivision two of this section, prior to the  effective  date  of  this
  section,  may apply to the appropriate prosecutor or police agency for a
  certification as described in said paragraph (i) or (j) granting to such
  person  the  relief  set  forth therein, and such certification shall be
  granted by such prosecutor or police agency.

S 160.55 Order upon termination of criminal action by conviction for
            noncriminal offense; entry of waiver; administrative findings.
  1.  Upon  the termination of a criminal action or proceeding against a
  person by the conviction of such person of a  traffic  infraction  or  a
  violation, other than a violation of loitering as described in paragraph
  (d)  or  (e) of subdivision one of section 160.10 of this chapter or the
  violation of  operating  a  motor  vehicle  while  ability  impaired  as
  described in subdivision one of section eleven hundred ninety-two of the
  vehicle  and  traffic law, unless the district attorney upon motion with
  not less than five days notice to such person or  his  or  her  attorney
  demonstrates  to  the  satisfaction  of  the court that the interests of
  justice require otherwise, or the court on its own motion with not  less
  than  five  days notice to such person or his or her attorney determines
  that the interests of justice require otherwise and states  the  reasons
  for  such  determination  on  the record, the clerk of the court wherein
  such criminal action or  proceeding  was  terminated  shall  immediately
  notify the commissioner of the division of criminal justice services and
  the   heads   of  all  appropriate  police  departments  and  other  law
  enforcement agencies  that  the  action  has  been  terminated  by  such
  conviction. Upon receipt of notification of such termination:
    (a)  every  photograph of such person and photographic plate or proof,
  and all palmprints  and  fingerprints  taken  or  made  of  such  person
  pursuant  to  the  provisions of this article in regard to the action or
  proceeding terminated, and all duplicates and copies thereof,  except  a
  digital  fingerprint image where authorized pursuant to paragraph (e) of
  this subdivision, except for the palmprints and fingerprints  concerning
  a  disposition  of harassment in the second degree as defined in section
  240.26 of the penal law, committed against a member of the  same  family
  or  household as the defendant, as defined in subdivision one of section
  530.11 of this chapter, and determined pursuant to  subdivision  eight-a
  of  section  170.10 of this title, shall forthwith be, at the discretion
  of the recipient agency, either destroyed or returned to such person, or
  to the  attorney  who  represented  such  person  at  the  time  of  the
  termination  of  the  action or proceeding, at the address given by such
  person or attorney during the action or proceeding, by the  division  of
  criminal   justice   services  and  by  any  police  department  or  law
  enforcement agency having any such  photograph,  photographic  plate  or
  proof,  palmprints  or  fingerprints  in  its  possession  or  under its
  control;
    (b) any police department or law  enforcement  agency,  including  the
  division  of  criminal  justice services, which transmitted or otherwise
  forwarded to any agency of the United States or of any other state or of
  any other jurisdiction outside the state of New York copies of any  such
  photographs, photographic plates or proofs, palmprints and fingerprints,
  shall  forthwith  formally  request  in  writing that all such copies be
  destroyed or returned to the police department or law enforcement agency
  which  transmitted  or  forwarded  them,  and  upon  such  return   such
  department  or agency shall, at its discretion, either destroy or return
  them as provided herein;
    (c) all  official  records  and  papers  relating  to  the  arrest  or
  prosecution,  including  all duplicates and copies thereof, on file with
  the  division  of  criminal  justice   services,   police   agency,   or
  prosecutor's office shall be sealed and not made available to any person
  or public or private agency;
    (d) the records referred to in paragraph (c) of this subdivision shall
  be  made  available to the person accused or to such person's designated
  agent, and shall be made available to (i) a prosecutor in any proceeding
  in which the accused has moved for an order pursuant to  section  170.56
  or  210.46  of  this  chapter,  or (ii) a law enforcement agency upon ex
  parte motion in any superior court, if such agency demonstrates  to  the
  satisfaction  of  the  court  that justice requires that such records be
  made available to it, or (iii) any state or local officer or agency with
  responsibility for the issuance of licenses to possess  guns,  when  the
  accused  has  made  application for such a license, or (iv) the New York
  state department of  corrections  and  community  supervision  when  the
  accused  is  under parole supervision as a result of conditional release
  or parole release granted by the New York state board of parole and  the
  arrest  which  is the subject of the inquiry is one which occurred while
  the accused was under such supervision, or (v) the probation  department
  responsible  for supervision of the accused when the arrest which is the
  subject of the inquiry is one which occurred while the accused was under
  such  supervision,  or  (vi)  a  police  agency,  probation  department,
  sheriff's  office,  district attorney's office, department of correction
  of any municipality and parole department, for law enforcement purposes,
  upon arrest in instances in which the  individual  stands  convicted  of
  harassment  in  the  second  degree, as defined in section 240.26 of the
  penal law, committed against a member of the same family or household as
  the defendant, as defined in subdivision one of section 530.11  of  this
  chapter,  and  determined  pursuant  to  subdivision  eight-a of section
  170.10 of this title; and
    (e) where fingerprints subject to the provisions of this section  have
  been received by the division of criminal justice services and have been
  filed  by  the  division as digital images, such images may be retained,
  provided that a fingerprint card of the individual is on file  with  the
  division which was not sealed pursuant to this section or section 160.50
  of this article.
    2.  A  report  of  the  termination  of  the  action  or proceeding by
  conviction of a traffic violation or a violation other than a  violation
  of  loitering as described in paragraph (d) or (e) of subdivision one of
  section 160.10 of this title or  the  violation  of  operating  a  motor
  vehicle  while  ability  impaired  as  described  in  subdivision one of
  section eleven hundred ninety-two of the vehicle and traffic law,  shall
  be  sufficient  notice of sealing to the commissioner of the division of
  criminal justice services unless the  report  also  indicates  that  the
  court  directed  that  the  record  not  be  sealed  in the interests of
  justice. Where the court has determined pursuant to subdivision  one  of
  this  section that sealing is not in the interests of justice, the clerk
  of the court shall include notification of  that  determination  in  any
  report  to such division of the disposition of the action or proceeding.
  When the defendant has been found guilty of a violation of harassment in
  the second degree and it was determined pursuant to subdivision  eight-a
  of  section  170.10  of  this  title  that  such violation was committed
  against a member of the same family or household as the  defendant,  the
  clerk  of  the court shall include notification of that determination in
  any report to  such  division  of  the  disposition  of  the  action  or
  proceeding  for  purposes  of  paragraph  (a)  and  subparagraph (vi) of
  paragraph (d) of subdivision one of this section.
    3.  A  person  against  whom  a  criminal  action  or  proceeding  was
  terminated  by  such  person's  conviction  of  a  traffic infraction or
  violation other than a violation of loitering as described in  paragraph
  (d)  or  (e) of subdivision one of section 160.10 of this chapter or the
  violation of  operating  a  motor  vehicle  while  ability  impaired  as
  described in subdivision one of section eleven hundred ninety-two of the
  vehicle  and  traffic  law, prior to the effective date of this section,
  may upon motion apply to the court in which such  termination  occurred,
  upon  not  less than twenty days notice to the district attorney, for an
  order granting to such person the relief set forth in subdivision one of
  this section, and such  order  shall  be  granted  unless  the  district
  attorney  demonstrates  to  the  satisfaction  of  the  court  that  the
  interests of justice require otherwise.
    4. This section shall not apply to an action terminated  in  a  manner
  described  in paragraph (k) of subdivision two of section 160.50 of this
  chapter.
    5. (a) When a criminal action or proceeding is  terminated  against  a
  person  by  the entry of a waiver of a hearing pursuant to paragraph (c)
  of subdivision ten of section eleven hundred ninety-two of  the  vehicle
  and  traffic  law  or  section  forty-nine-b  of the navigation law, the
  record of the criminal action shall be sealed in  accordance  with  this
  subdivision.  Upon  the  entry of such waiver, the court or the clerk of
  the court shall immediately notify the commissioner of the  division  of
  criminal  justice  services  and  the  heads  of  all appropriate police
  departments and other law enforcement agencies that a  waiver  has  been
  entered  and  that  the  record  of  the action shall be sealed when the
  person reaches the age of twenty-one or three years  from  the  date  of
  commission  of  the offense, whichever is the greater period of time. At
  the expiration of such period,  the  commissioner  of  the  division  of
  criminal  justice  services  and  the  heads  of  all appropriate police
  departments and other law enforcement agencies shall  take  the  actions
  required  by  paragraphs  (a), (b) and (c) of subdivision one of section
  160.50 of this article.
    (b) Where a person under the age of  twenty-one  is  referred  by  the
  police  to  the  department  of  motor  vehicles  for action pursuant to
  section eleven hundred ninety-two-a or eleven hundred  ninety-four-a  of
  the  vehicle  and traffic law, or section forty-nine-b of the navigation
  law and a finding in favor of the motorist or operator is rendered,  the
  commissioner  of  the  department  of  motor  vehicles shall, as soon as
  practicable, but not later than three years from the date of  commission
  of  the  offense  or  when  such  person  reaches the age of twenty-one,
  whichever is the greater period of time, notify the commissioner of  the
  division  of  criminal justice services and the heads of all appropriate
  police departments and other law enforcement agencies that such  finding
  in  favor of the motorist or operator was rendered. Upon receipt of such
  notification, the commissioner  of  the  division  of  criminal  justice
  services  and  the  heads  of  such  police  departments  and  other law
  enforcement agencies shall take the actions required by paragraphs  (a),
  (b) and (c) of subdivision one of section 160.50 of this article.
    (c)  Where  a  person  under  the age of twenty-one is referred by the
  police to the department  of  motor  vehicles  for  action  pursuant  to
  section  eleven  hundred ninety-two-a or eleven hundred ninety-four-a of
  the vehicle and traffic law, or section forty-nine-b of  the  navigation
  law, and no notification is received by the commissioner of the division
  of  criminal  justice  services  and the heads of all appropriate police
  departments and other law enforcement agencies pursuant to paragraph (b)
  of this subdivision, such  commissioner  of  the  division  of  criminal
  justice  services  and  such  heads  of police departments and other law
  enforcement  agencies  shall,  after  three  years  from  the  date   of
  commission  of  the  offense  or  when  the  person  reaches  the age of
  twenty-one, whichever is the greater period of time,  take  the  actions
  required  by  paragraphs  (a), (b) and (c) of subdivision one of section
  160.50 of this article.

S 160.58 Conditional  sealing of certain controlled substance, marihuana
            or specified offense convictions.
  1. A defendant convicted of any offense defined in article two hundred
  twenty or two hundred twenty-one of the penal law or a specified offense
  defined in subdivision five of section 410.91 of this  chapter  who  has
  successfully  completed  a  judicial diversion program under article two
  hundred sixteen of this chapter, or one of the programs heretofore known
  as drug treatment alternative to prison or another judicially sanctioned
  drug treatment program of similar duration, requirements  and  level  of
  supervision,  and  has completed the sentence imposed for the offense or
  offenses, is eligible to have such offense or offenses  sealed  pursuant
  to this section.
    2.  The  court that sentenced the defendant to a judicially sanctioned
  drug treatment program may on its own  motion,  or  on  the  defendant's
  motion,  order  that  all  official  records  and papers relating to the
  arrest, prosecution and conviction which  resulted  in  the  defendant's
  participation  in  the  judicially  sanctioned drug treatment program be
  conditionally sealed. In such case, the  court  may  also  conditionally
  seal  the  arrest,  prosecution  and conviction records for no more than
  three of the defendant's prior eligible misdemeanors, which for purposes
  of this subdivision shall be limited to misdemeanor offenses defined  in
  article  two  hundred twenty or two hundred twenty-one of the penal law.
  The court  may  only  seal  the  records  of  the  defendant's  arrests,
  prosecutions and convictions when:
    (a)  the sentencing court has requested and received from the division
  of criminal justice services or the Federal Bureau  of  Investigation  a
  fingerprint  based  criminal  history record of the defendant, including
  any sealed or suppressed information. The division of  criminal  justice
  services  shall also include a criminal history report, if any, from the
  Federal  Bureau  of  Investigation  regarding   any   criminal   history
  information that occurred in other jurisdictions. The division is hereby
  authorized  to  receive  such  information  from  the  Federal Bureau of
  Investigation for this  purpose.  The  parties  shall  be  permitted  to
  examine these records;
    (b)  the  defendant or court has identified the misdemeanor conviction
  or convictions for which relief may be granted;
    (c) the court has received documentation that the sentences imposed on
  the eligible misdemeanor convictions have been completed, or if no  such
  documentation  is  reasonably  available,  a  sworn  affidavit  that the
  sentences imposed on the prior misdemeanors have been completed; and
    (d) the court has notified the district attorney of each  jurisdiction
  in  which the defendant has been convicted of an offense with respect to
  which sealing is sought, and the court or  courts  of  record  for  such
  offenses,  that  the  court  is  considering  sealing the records of the
  defendant's eligible misdemeanor convictions. Both the district attorney
  and the court shall be given a reasonable opportunity, which  shall  not
  be  less  than  thirty days, in which to comment and submit materials to
  aid the court in making such a determination.
    3. At the request of the defendant  or  the  district  attorney  of  a
  county  in  which the defendant committed a crime that is the subject of
  the sealing application, the court may conduct a hearing to consider and
  review any relevant evidence offered by either party that would aid  the
  court  in  its  decision  whether to seal the records of the defendant's
  arrests, prosecutions and convictions. In making such  a  determination,
  the court shall consider any relevant factors, including but not limited
  to:  (i)  the  circumstances  and seriousness of the offense or offenses
  that resulted in the conviction or convictions; (ii)  the  character  of
  the  defendant,  including  his  or  her  completion  of  the judicially
  sanctioned treatment program as described in  subdivision  one  of  this
  section;  (iii) the defendant's criminal history; and (iv) the impact of
  sealing the defendant's records upon his or her rehabilitation  and  his
  or her successful and productive reentry and reintegration into society,
  and on public safety.
    4.  When a court orders sealing pursuant to this section, all official
  records  and  papers  relating  to  the   arrests,   prosecutions,   and
  convictions,  including  all duplicates and copies thereof, on file with
  the division of criminal justice services or any court shall  be  sealed
  and  not  made  available  to  any  person  or public or private agency;
  provided,  however,  the  division  shall   retain   any   fingerprints,
  palmprints and photographs, or digital images of the same.
    5.  When  the court orders sealing pursuant to this section, the clerk
  of such court shall immediately notify the commissioner of the  division
  of criminal justice services, and any court that sentenced the defendant
  for  an  offense  which  has  been  conditionally  sealed, regarding the
  records that shall be sealed pursuant to this section.
    6. Records sealed pursuant to this subdivision shall be made available
  to:
    (a) the defendant or the defendant's designated agent;
    (b) qualified agencies, as defined  in  subdivision  nine  of  section
  eight  hundred  thirty-five  of the executive law, and federal and state
  law enforcement agencies, when acting within  the  scope  of  their  law
  enforcement duties; or
    (c)  any  state or local officer or agency with responsibility for the
  issuance  of  licenses  to  possess  guns,  when  the  person  has  made
  application for such a license; or
    (d)  any  prospective employer of a police officer or peace officer as
  those terms are defined in subdivisions thirty-three and thirty-four  of
  section  1.20  of  this  chapter,  in  relation  to  an  application for
  employment as a police officer or peace officer; provided, however, that
  every person who is an applicant for the position of police  officer  or
  peace  officer  shall  be  furnished with a copy of all records obtained
  under this paragraph and afforded an opportunity to make an  explanation
  thereto.
    7.  The  court  shall not seal the defendant's record pursuant to this
  section while any charged offense is pending.
    8.  If,  subsequent  to  the  sealing  of  records  pursuant  to  this
  subdivision,  the  person who is the subject of such records is arrested
  for or formally charged with any misdemeanor  or  felony  offense,  such
  records  shall  be  unsealed  immediately and remain unsealed; provided,
  however, that if such new misdemeanor or  felony  arrest  results  in  a
  termination  in  favor of the accused as defined in subdivision three of
  section 160.50 of this article or  by  conviction  for  a  non  criminal
  offense  as  described  in section 160.55 of this article, such unsealed
  records shall be conditionally sealed pursuant to this section.

S 160.60 Effect of termination of criminal actions in favor of the accused.
  Upon the termination of a criminal action or proceeding against a
person in favor of such person, as defined in subdivision two of section
160.50 of this chapter, the arrest and prosecution shall be deemed a
nullity and the accused shall be restored, in contemplation of law, to
the status he occupied before the arrest and prosecution.  The arrest or
prosecution shall not operate as a disqualification of any person so
accused to pursue or engage in any lawful activity, occupation,
profession, or calling.  Except where specifically required or permitted
by statute or upon specific authorization of a superior court, no such
person shall be required to divulge information pertaining to the arrest
or prosecution.

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