N.Y. Executive Law § 837-m*2: Criminal history records search for certain employment, appointments, licenses or permits in the city of New York

* § 837-m. Criminal history records search for certain employment,

appointments, licenses or permits in the city of New York. 1. As used in

this section:

(a) "Department" shall mean the New York city department of

investigation.

(b) "Applicant" shall mean a person applying for:

(1) employment with the city of New York in a position providing child

day care services, as such term is defined in subdivision one of section

three hundred ninety of the social services law, or providing such

services through an entity pursuant to a contract between such entity

and the city of New York to provide such services or providing such

child day care services through an entity required to have a permit for

such services issued by the health department of the city of New York;

or

(2) employment with the department, or appointment to a senior

position in an office of an elected official or agency of the city of

New York or of a public authority, board, committee, commission, or

public benefit corporation, where such person is to be the subject of a

background investigation pursuant to subdivisions (a) and (b) of section

seven of executive order number sixteen of the mayor of the city of New

York dated July twenty-sixth, nineteen hundred seventy-eight, as amended

by section one of executive order seventy-two of the mayor of the city

of New York dated April twenty-third, nineteen hundred eighty-four; or

(3) mayoral appointment as a judge of the New York city criminal court

or the New York city civil court or the family court of the state of New

York within the city of New York; or

(4) a license, certificate of approval, class A photo identification

card or employment, pursuant to the following provisions of the

administrative code of the city of New York which require the submission

of fingerprints:

A. Title 16-A: New York City Trade Waste Commission Section 16-508(b);

B. Title 22: Fulton Fish Market Distribution Area and Other Seafood

Distribution Areas, Section 22-216(a)(1); and

C. Title 20: Regulation of Shipboard Gambling, Section 20-954(b)(1),

as added to the administrative code of the city of New York by a

nineteen ninety-seven local law of the city of New York.

2. As a condition of eligibility for such licenses, certificate of

approval, class A photo identification card, contract to provide

services, or employment, the department, appointing or issuing agency

shall obtain the applicant's fingerprints and submit such fingerprints

to the division for purposes of determining the criminal history of the

applicant. The department may submit two sets of fingerprints to the

division.

3. The first set of fingerprints received by the division shall be

used to identify the individual and to conduct a criminal history

records search of the division's New York state files to determine

whether such individual has been convicted of a criminal offense in this

state. The division shall forward the second set of such individual's

fingerprints to the federal bureau of investigation for the purpose of a

nationwide criminal history record check to determine whether such

applicant has been convicted of a criminal offense in any state or

federal jurisdiction.

4. The division shall promptly transmit the reports of these New York

state and nationwide criminal records searches to the requesting

department, appointing or issuing agency. Such reports, when received by

the requesting department, appointing or issuing agency, shall be marked

confidential and securely stored, and shall not be disclosed to any

person other than the applicant, although the contents of the report may

be disclosed to the agency or agencies whose consideration of such

applicant prompted the ordering of such reports.

5. (a) Each applicant shall sign a release authorizing the department,

appointing or issuing agency to submit such applicant's fingerprints to

the division and to receive the results of such criminal history record

searches supplied by the division and the federal bureau of

investigation. Such release, a copy of which shall be supplied to the

applicant, shall also advise the applicant that a criminal history

record search will be conducted concerning the applicant and that he or

she may obtain a copy of his or her criminal history record and seek

correction of any information contained in such record pursuant to

regulations promulgated by the division.

(b) Each such applicant shall, in advance, make payment to the

division of any reasonable fee required by law which is reasonably

related to the cost of conducting the searches authorized by this

section. All fingerprints supplied by the applicant shall be returned to

the applicant upon termination or denial of the license, certificate of

approval, class A photo identification card, contract to provide

services, or employment in connection with which such fingerprints were

obtained.

* NB There are 2 § 837-m's