§ 845-c. Criminal history record searches; undisposed cases. 1. When,\npursuant to statute or the regulations of the division, the division\nconducts a search of its criminal history records and returns a report\nthereon, all references to undisposed cases contained in such criminal\nhistory record shall be excluded from such report.\n 2. For purposes of this section, "undisposed case" shall mean a\ncriminal action or proceeding identified in the division's criminal\nhistory record repository, for which there is no record of an unexecuted\nwarrant of arrest, superior court warrant of arrest, or bench warrant,\nand for which no record of conviction or imposition of sentence or other\nfinal disposition, other than the issuance of an apparently unexecuted\nwarrant, has been recorded and with respect to which no entry has been\nmade in the division's criminal history records for a period of at least\nfive years preceding the issuance of such report. When a criminal action\nin the division's criminal history record repository becomes an\nundisposed case pursuant to this section, and the action involves class\nA charges, charges under article one hundred twenty-five of the penal\nlaw, or felony charges under article one hundred thirty of the penal\nlaw, the division shall notify the district attorney in the county which\nhas jurisdiction. If the district attorney notifies the division that\nsuch case is pending and should not meet the definition of an undisposed\ncase, the case shall not be excluded from such report. If the division\ndoes not receive a response from the district attorney within six months\nof providing notice, the case shall be excluded from such report.\n 3. The provisions of subdivision one of this section shall not apply\nto criminal history record information: (a) provided by the division to\nqualified agencies pursuant to subdivision six of section eight hundred\nthirty-seven of this article, or to federal or state law enforcement\nagencies, for criminal justice purposes; (b) prepared solely for a bona\nfide research purpose; or (c) prepared for the internal record keeping\nor case management purposes of the division.\n
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