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 Jun. 15, 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

Accessed:
Jun. 15, 2024

Last modified:
Apr. 24, 2020

§ 845-C’s source at nysenate​.gov

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