§ 160.55 Order upon termination of criminal action by conviction for\n noncriminal offense; entry of waiver; administrative\n findings.\n 1. Regardless of the class of offense for which a person is initially\ncharged, upon the termination of a criminal action or proceeding against\na person by the conviction of such person of a traffic infraction or a\nviolation, other than the violation of operating a motor vehicle while\nability impaired as described in subdivision one of section eleven\nhundred ninety-two of the vehicle and traffic law, unless the district\nattorney upon motion with not less than five days' notice to such person\nor his or her attorney demonstrates to the satisfaction of the court\nthat the interests of justice require otherwise, or the court on its own\nmotion with not less than five days' notice to such person or his or her\nattorney determines that the interests of justice require otherwise and\nstates the reasons for such determination on the record, the clerk of\nthe court wherein such criminal action or proceeding was terminated\nshall immediately notify the commissioner of the division of criminal\njustice services and the heads of all appropriate police departments and\nother law enforcement agencies that the action has been terminated by\nsuch conviction. Upon receipt of notification of such termination:\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, and all duplicates and copies thereof, except a\ndigital fingerprint image where authorized pursuant to paragraph (e) of\nthis subdivision, except for the palmprints and fingerprints concerning\na disposition of harassment in the second degree as defined in section\n240.26 of the penal law, committed against a member of the same family\nor household as the defendant, as defined in subdivision one of section\n530.11 of this chapter, and determined pursuant to subdivision eight-a\nof section 170.10 of this title, shall forthwith be, at the discretion\nof the recipient agency, either destroyed or returned to such person, or\nto the attorney who represented such person at the time of the\ntermination of the action or proceeding, at the address given by such\nperson or attorney during the action or proceeding, by the division of\ncriminal justice services and by any police department or law\nenforcement agency having any such photograph, photographic plate or\nproof, palmprints or fingerprints in its possession or under its\ncontrol;\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,\nshall forthwith formally request in writing that all such copies be\ndestroyed or returned to the police department or law enforcement agency\nwhich transmitted or forwarded them, and upon such return such\ndepartment or agency shall, at its discretion, either destroy or return\nthem as provided herein;\n (c) all official records and papers relating to the arrest or\nprosecution, including all duplicates and copies thereof, on file with\nthe division of criminal justice services, police agency, or\nprosecutor's office shall be sealed and not made available to any person\nor public or private agency;\n (d) the records referred to in paragraph (c) of this subdivision shall\nbe made available to the person accused or to such person's designated\nagent, and shall be made available to (i) a prosecutor in any proceeding\nin which the accused has moved for an order pursuant to section 170.56\nor 210.46 of this chapter, or (ii) a law enforcement agency upon ex\nparte mot
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.