N.Y. Cannabis Law § 138: Access to criminal history information through the division of criminal justice services

§ 138. Access to criminal history information through the division of

criminal justice services. In connection with the administration of this

chapter, the board is authorized to request, receive and review criminal

history information through the division of criminal justice services

with respect to any person seeking a registration, license, permit or

authorization to cultivate, process, distribute or sell medical

cannabis, adult-use cannabis, cannabinoid hemp or hemp extract. At the

board's request, each person, member, principal and/or officer of the

applicant shall submit to the board his or her fingerprints in such form

and in such manner as specified by the division, for the purpose of

conducting a criminal history search identifying criminal convictions

and pending criminal charges and returning a report thereon in

accordance with the procedures and requirements established by the

division pursuant to the provisions of article thirty-five of the

executive law, which shall include the payment of the reasonable

prescribed processing fees for the cost of the division's full search

and retain procedures and a national criminal history record check. The

board, or their designee, shall submit such fingerprints and the

processing fee to the division. The division shall forward to the board

a report with respect to the applicant's previous criminal history, if

any, or a statement that the applicant has no previous criminal history

according to its files. Fingerprints submitted to the division pursuant

to this subdivision may also be submitted to the federal bureau of

investigation for a national criminal history record check. If

additional copies of fingerprints are required, the applicant shall

furnish them upon request. Upon receipt of such criminal history

information, the board shall provide such applicant with a copy of such

criminal history information, together with a copy of article

twenty-three-A of the correction law, and inform such applicant of his

or her right to seek correction of any incorrect information contained

in such criminal history information pursuant to regulations and

procedures established by the division of criminal justice services.