2012 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title H - PRELIMINARY PROCEEDINGS IN LOCAL CRIMINAL COURT
Article 160 - (160.10 - 160.60) FINGERPRINTING AND PHOTOGRAPHING OF DEFENDANT AFTER ARREST--CRIMINAL IDENTIFICATION RECORDS AND STATISTICS
160.55 - Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings.

 
  §  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.