§ 160.50 Order upon termination of criminal action in favor of the\naccused.\n 1. Upon the termination of a criminal action or proceeding against a\nperson in favor of such person, as defined in subdivision three of this\nsection, unless the district attorney upon motion with not less than\nfive days notice to such person or his or her attorney demonstrates to\nthe satisfaction of the court that the interests of justice require\notherwise, or the court on its own motion with not less than five days\nnotice to such person or his or her attorney determines that the\ninterests of justice require otherwise and states the reasons for such\ndetermination on the record, the record of such action or proceeding\nshall be sealed and the clerk of the court wherein such criminal action\nor proceeding was terminated shall immediately notify the commissioner\nof the division of criminal justice services and the heads of all\nappropriate police departments and other law enforcement agencies that\nthe action has been terminated in favor of the accused, and unless the\ncourt has directed otherwise, that the record of such action or\nproceeding shall be sealed. Upon receipt of notification of such\ntermination and sealing:\n (a) every photograph of such person and photographic plate or proof,\nand all palmprints and fingerprints taken or made of such person\npursuant to the provisions of this article in regard to the action or\nproceeding terminated, except a dismissal pursuant to section 170.56 or\n210.46 of this chapter, and all duplicates and copies thereof, except a\ndigital fingerprint image where authorized pursuant to paragraph (e) of\nthis subdivision, shall forthwith be, at the discretion of the recipient\nagency, either destroyed or returned to such person, or to the attorney\nwho represented such person at the time of the termination of the action\nor proceeding, at the address given by such person or attorney during\nthe action or proceeding, by the division of criminal justice services\nand by any police department or law enforcement agency having any such\nphotograph, photographic plate or proof, palmprint or fingerprints in\nits possession or under its control;\n (b) any police department or law enforcement agency, including the\ndivision of criminal justice services, which transmitted or otherwise\nforwarded to any agency of the United States or of any other state or of\nany other jurisdiction outside the state of New York copies of any such\nphotographs, photographic plates or proofs, palmprints and fingerprints,\nincluding those relating to actions or proceedings which were dismissed\npursuant to section 170.56 or 210.46 of this chapter, shall forthwith\nformally request in writing that all such copies be destroyed or\nreturned to the police department or law enforcement agency which\ntransmitted or forwarded them, and, if returned, such department or\nagency shall, at its discretion, either destroy or return them as\nprovided herein, except that those relating to dismissals pursuant to\nsection 170.56 or 210.46 of this chapter shall not be destroyed or\nreturned by such department or agency;\n (c) all official records and papers, including judgments and orders of\na court but not including published court decisions or opinions or\nrecords and briefs on appeal, relating to the arrest or prosecution,\nincluding all duplicates and copies thereof, on file with the division\nof criminal justice services, any court, police agency, or prosecutor's\noffice shall be sealed and not made available to any person or public or\nprivate agency;\n (d) such records shall be made available to the person accused or to\nsuch person's designated agent, and shall be made available to (i) a\nprosecutor in any proceeding in which the accused has moved for an order\npursuant to section 170.56 or 210.46 of this chapter, or (ii) a law\nenforcement agency upon ex parte motion in any superior court, or in any\ndistrict court, city court or the crimi
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