N.Y. Executive Law § 845-c: Criminal history record searches; undisposed cases

§ 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 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.