N.Y. CPL Law § 160.55 — New York Code / Act CPL / Part 2 / Title H / Article 160 / Section 160.55
Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings
Status: in_force

§ 160.55 Order upon termination of criminal action by conviction for\n             noncriminal offense; entry of waiver; administrative\n             findings.\n  1. Regardless of the class of offense for which a person is initially\ncharged, upon the termination of a criminal action or proceeding against\na person by the conviction of such person of a traffic infraction or a\nviolation, other than the violation of operating a motor vehicle while\nability impaired as described in subdivision one of section eleven\nhundred ninety-two of the vehicle and traffic law, unless the district\nattorney upon motion with not less than five days' notice to such person\nor his or her attorney demonstrates to the satisfaction of the court\nthat the interests of justice require otherwise, or the court on its own\nmotion with not less than five days' notice to such person or his or her\nattorney determines that the interests of justice require otherwise and\nstates the reasons for such determination on the record, the clerk of\nthe court wherein such criminal action or proceeding was terminated\nshall immediately notify the commissioner of the division of criminal\njustice services and the heads of all appropriate police departments and\nother law enforcement agencies that the action has been terminated by\nsuch conviction. Upon receipt of notification of such termination:\n  (a) every photograph of such person and photographic plate or proof,\nand all palmprints and fingerprints taken or made of such person\npursuant to the provisions of this article in regard to the action or\nproceeding terminated, and all duplicates and copies thereof, except a\ndigital fingerprint image where authorized pursuant to paragraph (e) of\nthis subdivision, except for the palmprints and fingerprints concerning\na disposition of harassment in the second degree as defined in section\n240.26 of the penal law, committed against a member of the same family\nor household as the defendant, as defined in subdivision one of section\n530.11 of this chapter, and determined pursuant to subdivision eight-a\nof section 170.10 of this title, shall forthwith be, at the discretion\nof the recipient agency, either destroyed or returned to such person, or\nto the attorney who represented such person at the time of the\ntermination of the action or proceeding, at the address given by such\nperson or attorney during the action or proceeding, by the division of\ncriminal justice services and by any police department or law\nenforcement agency having any such photograph, photographic plate or\nproof, palmprints or fingerprints in its possession or under its\ncontrol;\n  (b) any police department or law enforcement agency, including the\ndivision of criminal justice services, which transmitted or otherwise\nforwarded to any agency of the United States or of any other state or of\nany other jurisdiction outside the state of New York copies of any such\nphotographs, photographic plates or proofs, palmprints and fingerprints,\nshall forthwith formally request in writing that all such copies be\ndestroyed or returned to the police department or law enforcement agency\nwhich transmitted or forwarded them, and upon such return such\ndepartment or agency shall, at its discretion, either destroy or return\nthem as provided herein;\n  (c) all official records and papers relating to the arrest or\nprosecution, including all duplicates and copies thereof, on file with\nthe division of criminal justice services, police agency, or\nprosecutor's office shall be sealed and not made available to any person\nor public or private agency;\n  (d) the records referred to in paragraph (c) of this subdivision shall\nbe made available to the person accused or to such person's designated\nagent, and shall be made available to (i) a prosecutor in any proceeding\nin which the accused has moved for an order pursuant to section 170.56\nor 210.46 of this chapter, or (ii) a law enforcement agency upon ex\nparte motion in any superior court, or in any district court, city court\nor the criminal court of the city of New York provided that such court\nsealed the record, if such agency demonstrates to the satisfaction of\nthe court that justice requires that such records be made available to\nit, or (iii) any state or local officer or agency with responsibility\nfor the issuance of licenses to possess guns, when the accused has made\napplication for such a license, or (iv) the New York state department of\ncorrections and community supervision when the accused is under parole\nsupervision as a result of conditional release or parole release granted\nby the New York state board of parole and the arrest which is the\nsubject of the inquiry is one which occurred while the accused was under\nsuch supervision, or (v) the probation department responsible for\nsupervision of the accused when the arrest which is the subject of the\ninquiry is one which occurred while the accused was under such\nsupervision, or (vi) a police agency, probation department, sheriff's\noffice, district attorney's office, department of correction of any\nmunicipality and parole department, for law enforcement purposes, upon\narrest in instances in which the individual stands convicted of\nharassment in the second degree, as defined in section 240.26 of the\npenal law, committed against a member of the same family or household as\nthe defendant, as defined in subdivision one of section 530.11 of this\nchapter, and determined pursuant to subdivision eight-a of section\n170.10 of this title; and\n  (e) where fingerprints subject to the provisions of this section have\nbeen received by the division of criminal justice services and have been\nfiled by the division as digital images, such images may be retained,\nprovided that a fingerprint card of the individual is on file with the\ndivision which was not sealed pursuant to this section or section 160.50\nof this article.\n  2. A report of the termination of the action or proceeding by\nconviction of a traffic violation or a violation other than the\nviolation of operating a motor vehicle while ability impaired as\ndescribed in subdivision one of section eleven hundred ninety-two of the\nvehicle and traffic law, shall be sufficient notice of sealing to the\ncommissioner of the division of criminal justice services unless the\nreport also indicates that the court directed that the record not be\nsealed in the interests of justice. Where the court has determined\npursuant to subdivision one of this section that sealing is not in the\ninterests of justice, the clerk of the court shall include notification\nof that determination in any report to such division of the disposition\nof the action or proceeding. When the defendant has been found guilty of\na violation of harassment in the second degree and it was determined\npursuant to subdivision eight-a of section 170.10 of this title that\nsuch violation was committed against a member of the same family or\nhousehold as the defendant, the clerk of the court shall include\nnotification of that determination in any report to such division of the\ndisposition of the action or proceeding for purposes of paragraph (a)\nand subparagraph (vi) of paragraph (d) of subdivision one of this\nsection.\n  3. A person against whom a criminal action or proceeding was\nterminated by such person's conviction of a traffic infraction or\nviolation other than the violation of operating a motor vehicle while\nability impaired as described in subdivision one of section eleven\nhundred ninety-two of the vehicle and traffic law, prior to the\neffective date of this section, may upon motion apply to the court in\nwhich such termination occurred, upon not less than twenty days notice\nto the district attorney, for an order granting to such person the\nrelief set forth in subdivision one of this section, and such order\nshall be granted unless the district attorney demonstrates to the\nsatisfaction of the court that the interests of justice require\notherwise.\n  4. This section shall not apply to an action terminated in a manner\ndescribed in paragraph (k) of subdivision two of section 160.50 of this\nchapter.\n  5. (a) When a criminal action or proceeding is terminated against a\nperson by the entry of a waiver of a hearing pursuant to paragraph (c)\nof subdivision ten of section eleven hundred ninety-two of the vehicle\nand traffic law or section forty-nine-b of the navigation law, the\nrecord of the criminal action shall be sealed in accordance with this\nsubdivision. Upon the entry of such waiver, the court or the clerk of\nthe court shall immediately notify the commissioner of the division of\ncriminal justice services and the heads of all appropriate police\ndepartments and other law enforcement agencies that a waiver has been\nentered and that the record of the action shall be sealed when the\nperson reaches the age of twenty-one or three years from the date of\ncommission of the offense, whichever is the greater period of time. At\nthe expiration of such period, the commissioner of the division of\ncriminal justice services and the heads of all appropriate police\ndepartments and other law enforcement agencies shall take the actions\nrequired by paragraphs (a), (b) and (c) of subdivision one of section\n160.50 of this article.\n  (b) Where a person under the age of twenty-one is referred by the\npolice to the department of motor vehicles for action pursuant to\nsection eleven hundred ninety-two-a or eleven hundred ninety-four-a of\nthe vehicle and traffic law, or section forty-nine-b of the navigation\nlaw and a finding in favor of the motorist or operator is rendered, the\ncommissioner of the department of motor vehicles shall, as soon as\npracticable, but not later than three years from the date of commission\nof the offense or when such person reaches the age of twenty-one,\nwhichever is the greater period of time, notify the commissioner of the\ndivision of criminal justice services and the heads of all appropriate\npolice departments and other law enforcement agencies that such finding\nin favor of the motorist or operator was rendered. Upon receipt of such\nnotification, the commissioner of the division of criminal justice\nservices and the heads of such police departments and other law\nenforcement agencies shall take the actions required by paragraphs (a),\n(b) and (c) of subdivision one of section 160.50 of this article.\n  (c) Where a person under the age of twenty-one is referred by the\npolice to the department of motor vehicles for action pursuant to\nsection eleven hundred ninety-two-a or eleven hundred ninety-four-a of\nthe vehicle and traffic law, or section forty-nine-b of the navigation\nlaw, and no notification is received by the commissioner of the division\nof criminal justice services and the heads of all appropriate police\ndepartments and other law enforcement agencies pursuant to paragraph (b)\nof this subdivision, such commissioner of the division of criminal\njustice services and such heads of police departments and other law\nenforcement agencies shall, after three years from the date of\ncommission of the offense or when the person reaches the age of\ntwenty-one, whichever is the greater period of time, take the actions\nrequired by paragraphs (a), (b) and (c) of subdivision one of section\n160.50 of this article.\n