N.Y. Family Court Act § 306.2: Fingerprinting; duties of the division of criminal justice services

§ 306.2. Fingerprinting; duties of the division of criminal justice

services. 1. Upon receipt of fingerprints taken pursuant to section

306.1, the division of criminal justice services shall retain such

fingerprints distinctly identifiable from adult criminal records except

as provided in section 354.1, and shall not release such fingerprints to

a federal depository or to any person except as authorized by this act.

The division shall promulgate regulations to protect the confidentiality

of such fingerprints and related information and to prevent access

thereto, by, and the distribution thereof to, persons not authorized by

law.

2. Upon receipt of such fingerprints, the division of criminal justice

services shall classify them and search its records for information

concerning an adjudication or pending matter involving the person

arrested. The division shall promptly transmit to such forwarding

officer or agency a report containing any information on file with

respect to such person's previous adjudications and pending matters or a

report stating that the person arrested has no previous record according

to its files. Notwithstanding the foregoing, where the division has not

received disposition information within two years of an arrest, the

division shall, until such information or up-to-date status information

is received, withhold the record of that arrest and any related activity

in disseminating criminal history information.

3. Upon receipt of a report of the division of criminal justice

services pursuant to this section, the recipient office or agency must

promptly transmit two copies of such report to the family court in which

the proceeding may be originated and two copies thereof to the

presentment agency who shall furnish a copy thereof to counsel for the

respondent.