N.Y. Executive Law Section 845-C
Criminal history record searches

  • undisposed cases

1.

When, pursuant to statute or the regulations of the division, the division conducts a search of its criminal history records and returns a report thereon, all references to undisposed cases contained in such criminal history record shall be excluded from such report.

2.

For purposes of this section, “undisposed case” shall mean a criminal action or proceeding identified in the division’s criminal history record repository, for which there is no record of an unexecuted warrant of arrest, superior court warrant of arrest, or bench warrant, and for which no record of conviction or imposition of sentence or other final disposition, other than the issuance of an apparently unexecuted warrant, has been recorded and with respect to which no entry has been made in the division’s criminal history records for a period of at least five years preceding the issuance of such report. When a criminal action in the division’s criminal history record repository becomes an undisposed case pursuant to this section, and the action involves class A charges, charges under article one hundred twenty-five of the penal law, or felony charges under article one hundred thirty of the penal law, the division shall notify the district attorney in the county which has jurisdiction. If the district attorney notifies the division that such case is pending and should not meet the definition of an undisposed case, the case shall not be excluded from such report. If the division does not receive a response from the district attorney within six months of providing notice, the case shall be excluded from such report.

3.

The provisions of subdivision one of this section shall not apply to criminal history record information:

(a)

provided by the division to qualified agencies pursuant to subdivision six of § 837 (Functions, powers and duties of division)section eight hundred thirty-seven of this article, or to federal or state law enforcement agencies, for criminal justice purposes;

(b)

prepared solely for a bona fide research purpose; or

(c)

prepared for the internal record keeping or case management purposes of the division.

Source: Section 845-C — Criminal history record searches; undisposed cases, https://www.­nysenate.­gov/legislation/laws/EXC/845-C (updated Apr. 24, 2020; accessed May 4, 2024).

835
Definitions 836
Division of criminal justice services 837
Functions, powers and duties of division 837‑A
Additional functions, powers and duties of the division 837‑B
Duties of courts and peace officers 837‑C
Processing requests submitted by police departments 837‑D
Soft body ballistic armor vests for police officers 837‑E
Statewide central register for missing children 837‑F
Missing and exploited children clearinghouse 837‑F‑1
Missing vulnerable adults clearinghouse 837‑F‑2
Missing adults 837‑G
Livery vehicle safety training program establishment 837‑H
Livery vehicle safety training program 837‑I
Uniform parking ticket 837‑J
Parking violations enforcement and disposition program 837‑K
Safe house for children 837‑L
Capital prosecution extraordinary assistance program 837‑M
Reporting duties of law enforcement departments with respect to missing children and vulnerable adults 837‑M*2
Criminal history records search for certain employment, appointments, licenses or permits in the city of New York 837‑N
Criminal history information of caregivers 837‑O
Search for arson and sex offense conviction records of volunteer firefighter applicants 837‑P
Criminal history records search for certain licenses and registrations in the county of Westchester 837‑Q
Payments to Westchester county for policing special parkways 837‑R
Office of sex offender management 837‑S
Search for sex offense conviction records of emergency medical technician and other first responder applicants 837‑T
Use of force reporting 837‑U
The division of criminal justice services, in conjunction with the chief administrator of the courts, shall collect data and report annua... 837‑V
Report of discharge of weapon 837‑V*2
Reporting duties of law enforcement departments with respect to arrest-related deaths 837‑W
Technological viability of microstamping-enabled firearms 837‑W*2
Blue alert system 837‑X
Cooperation with certain out-of-state investigations 837‑X*2
Cooperation with certain out-of-state investigations 838
Identification of unknown dead and missing persons 838‑A
Maintenance of sexual offense evidence kits 838‑B
Victim’s right to notice 839
Municipal police training council 840
Functions, powers and duties of council 841
Functions, powers and duties of the commissioner with respect to the council 841‑A
Security guard advisory council 841‑B
Functions, powers and duties of council 841‑C
Functions, powers and duties of the commissioner with respect to the council 841‑D
Saving clause 842
Council rules and regulations promulgated by governor 843
Division homepage on the internet 844‑B
New York state committee for the coordination of police services to elderly persons 845
Central state registry of police officers and peace officers 845‑A
Presentment of flags lowered to half-staff in memorial of the death of any police officer or peace officer 845‑B
Requests for criminal history information 845‑C
Criminal history record searches 845‑D
Criminal record searches: reports for civil purposes 845‑E
Commercial security tax credit program 846
Programs for the aging 846*2
Programs for the aging
Green check means up to date. Up to date

Accessed:
May 4, 2024

Last modified:
Apr. 24, 2020

§ 845-C’s source at nysenate​.gov

Link Style