NY Crim Pro L § 1.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 1 - General Provisions Title A - Short Title, Applicability and Definitions Article 1 - Short Title, Applicability and Definitions 1.20 - Definitions of Terms of General Use in This Chapter.

§ 1.20 Definitions of terms of general use in this chapter.   Except  where different meanings are expressly specified in subsequent provisions of this chapter, the term definitions  contained  in  section 10.00 of the penal law are applicable to this chapter, and, in addition, the following terms have the following meanings:   1.  "Accusatory  instrument"  means:  (a) an indictment, an indictment ordered reduced pursuant to subdivision one-a of section 210.20 of  this chapter,  an  information,  a  simplified  information,  a  prosecutor's information, a superior court information, a misdemeanor complaint or  a felony  complaint. Every accusatory instrument, regardless of the person designated therein as accuser, constitutes an accusation  on  behalf  of the  state as plaintiff and must be entitled "the people of the state of New York" against a designated person, known as the defendant; and  (b) an appearance ticket issued for a parking infraction when (i) such ticket is based on personal knowledge or information and belief  of  the police  officer  or other public servant who issues the ticket, (ii) the police officer or other public servant who issues such  ticket  verifies that  false  statements  made  therein  are  punishable  as  a  class  A misdemeanor, (iii) the infraction or infractions contained  therein  are stated  in  detail  and  not  in  conclusory  terms so as to provide the defendant with sufficient notice including,  but  not  limited,  to  the applicable  provision  of law allegedly violated, and the date, time and particular place  of  the  alleged  infraction,  and  (iv)  such  ticket contains: (1) the license plate designation of the ticketed vehicle, (2) the  license  plate  type of the ticketed vehicle, (3) the expiration of the ticketed vehicle's registration,  (4)  the  make  or  model  of  the ticketed  vehicle,  and  (5)  the  body  type  of  the ticketed vehicle, provided, however, that where the plate type or the expiration date  are not  shown  on either the registration plates or sticker of a vehicle or where the registration sticker is covered, faded, defaced  or  mutilated so  that  it is unreadable, the plate type or the expiration date may be omitted, provided, further, however, that  such  condition  must  be  so described and inserted on the instrument.   2.  "Local  criminal court accusatory instrument" means any accusatory instrument other than an indictment or a superior court information.   3. "Indictment" means a written accusation by a grand jury, more fully defined and described in article two  hundred,  filed  with  a  superior court,  which  charges one or more defendants with the commission of one or more offenses, at least one of which is a crime, and which serves  as a basis for prosecution thereof.   3-a.  "Superior  court  information"  means  a written accusation by a district attorney more fully  defined  and  described  in  articles  one hundred  ninety-five  and  two  hundred,  filed  with  a  superior court pursuant to article one hundred ninety-five, which charges one  or  more defendants  with the commission of one or more offenses, at least one of which is a crime, and which serves as a basis for prosecution thereof.   4. "Information" means a verified written accusation by a person, more fully defined and described in article one hundred, filed with  a  local criminal court, which charges one or more defendants with the commission of  one or more offenses, none of which is a felony, and which may serve both to commence a criminal  action  and  as  a  basis  for  prosecution thereof.   * 5. "Simplified traffic information" means a written accusation, more fully  defined and described in article one hundred, by a police officer or other public servant authorized by law to issue same,  filed  with  a local  criminal  court,  which,  being  in  a  brief  or simplified form prescribed by the commissioner of motor vehicles, charges a person  with one or more traffic infractions or misdemeanors relating to traffic, and  which  may serve both to commence a criminal action for such offense and as a basis for prosecution thereof.   * NB There are 2 sb 5's -- cannot be put together   * 5.   (a)   "Simplified   information"  means  a  simplified  traffic information,  a  simplified   parks   information,   or   a   simplified environmental conservation information.  (b)  "Simplified  traffic information" means a written accusation by a police officer, or other public servant authorized by law to issue same, more fully defined and described in article one hundred,  filed  with  a local  criminal  court,  which,  being  in  a  brief  or simplified form prescribed by the commissioner of motor vehicles, charges a person  with one or more traffic infractions or misdemeanors relating to traffic, and which  may serve both to commence a criminal action for such offense and as a basis for prosecution thereof.  (c) "Simplified parks information" means a  written  accusation  by  a police officer, or other public servant authorized by law to issue same, filed with a local criminal court, which, being in a brief or simplified form  prescribed  by the commissioner of parks and recreation, charges a person with one or more offenses, other  than  a  felony,  for  which  a uniform simplified parks information may be issued pursuant to the parks and  recreation  law and the navigation law, and which may serve both to commence a  criminal  action  for  such  offense  and  as  a  basis  for prosecution thereof.  (d)   "Simplified  environmental  conservation  information"  means  a written  accusation  by  a  police  officer,  or  other  public  servant authorized  by  law  to  issue  same, filed with a local criminal court, which being in a brief or simplified form prescribed by the commissioner of environmental  conservation,  charges  a  person  with  one  or  more offenses,   other   than  a  felony,  for  which  a  uniform  simplified environmental conservation simplified information may be issued pursuant to the environmental conservation law,  and  which  may  serve  both  to commence  a  criminal  action  for  such  offense  and  as  a  basis for prosecution thereof.   * NB There are 2 sb 5's -- cannot be put together   6. "Prosecutor's information" means a written accusation by a district attorney, more fully defined and described in article one hundred, filed with a local criminal court, which charges one or more  defendants  with the  commission  of one or more offenses, none of which is a felony, and which serves as a basis for prosecution thereof.   7. "Misdemeanor complaint" means a verified written  accusation  by  a person,  more  fully defined and described in article one hundred, filed with a local criminal court, which charges one or more  defendants  with the  commission  of  one  or  more  offenses, at least one of which is a misdemeanor and none of which is a felony, and which serves to  commence a  criminal  action  but  which  may  not,  except  upon the defendant's consent, serve as a  basis  for  prosecution  of  the  offenses  charged therein.   8. "Felony complaint" means a verified written accusation by a person, more  fully  defined  and described in article one hundred, filed with a local criminal court, which charges one  or  more  defendants  with  the commission  of  one  or  more  felonies  and  which serves to commence a criminal action but not as a basis for prosecution thereof.   9. "Arraignment" means the occasion upon  which  a  defendant  against whom an accusatory instrument has been filed appears before the court in which  the  criminal  action  is  pending for the purpose of having such court acquire and exercise control over his person with respect to  such accusatory  instrument  and of setting the course of further proceedings in the action.    10. "Plea," in addition to  its  ordinary  meaning  as  prescribed  in sections  220.10 and 340.20, means, where appropriate, the occasion upon which a defendant enters such a plea to an accusatory instrument.   11. "Trial." A jury trial commences with the selection of the jury and includes  all  further proceedings through the rendition of a verdict. A non-jury trial commences with the first opening  address,  if  there  be any,  and,  if  not,  when  the first witness is sworn, and includes all further proceedings through the rendition of a verdict.   12. "Verdict" means the announcement by a jury in the case of  a  jury trial,  or by the court in the case of a non-jury trial, of its decision upon the defendant's guilt or innocence of the charges submitted  to  or considered by it.   13.  "Conviction" means the entry of a plea of guilty to, or a verdict of guilty upon, an accusatory instrument other than a felony  complaint, or to one or more counts of such instrument.   14.  "Sentence"  means  the  imposition  and  entry of sentence upon a conviction.   15. "Judgment." A judgment  is  comprised  of  a  conviction  and  the sentence imposed thereon and is completed by imposition and entry of the sentence.   16. "Criminal action." A criminal action (a) commences with the filing of  an accusatory instrument against a defendant in a criminal court, as specified in subdivision seventeen;  (b)  includes  the  filing  of  all further  accusatory  instruments  directly derived from the initial one, and all proceedings, orders and motions conducted or made by a  criminal court  in  the course of disposing of any such accusatory instrument, or which, regardless of the court in which  they  occurred  or  were  made, could  properly  be considered as a part of the record of the case by an appellate court upon an appeal from a judgment of  conviction;  and  (c) terminates   with  the  imposition  of  sentence  or  some  other  final disposition in a criminal court of the last accusatory instrument  filed in the case.   17.  "Commencement of criminal action." A criminal action is commenced by the filing of an accusatory  instrument  against  a  defendant  in  a criminal  court, and, if more than one accusatory instrument is filed in the  course  of  the  action,  it  commences  when  the  first  of  such instruments is filed.   18. "Criminal proceeding" means any proceeding which (a) constitutes a part  of  a  criminal  action  or  (b) occurs in a criminal court and is related to a prospective, pending or completed criminal  action,  either of  this  state  or  of  any  other jurisdiction, or involves a criminal investigation.   19. "Criminal court" means any court defined as such by section 10.10.   20. "Superior court" means any court defined as  such  by  subdivision two of section 10.10.   21.  "Local  criminal  court"  means  any  court  defined  as  such by subdivision three of section 10.10.   22.  "Intermediate  appellate  court"  means  any   court   possessing appellate jurisdiction, other than the court of appeals.   23.  "Judge"  means  any  judicial  officer  who  is  a  member  of or constitutes a court, whether referred to in another provision of law  as a justice or by any other title.   24. "Trial jurisdiction." A criminal court has "trial jurisdiction" of an  offense  when  an indictment or an information charging such offense may properly be filed with such court, and when such court has authority to accept a plea to, try or otherwise finally dispose of such accusatory instrument.    25. "Preliminary jurisdiction."  A  criminal  court  has  "preliminary jurisdiction"  of  an  offense  when, regardless of whether it has trial jurisdiction  thereof,  a  criminal  action  for  such  offense  may  be commenced  therein,  and  when  such  court may conduct proceedings with respect  thereto  which  lead  or  may  lead  to  prosecution  and final disposition of the action in a court having trial jurisdiction thereof.   26. "Appearance ticket" means a written  notice  issued  by  a  public servant,  more  fully  defined  in section 150.10, requiring a person to appear before a local criminal court in connection  with  an  accusatory instrument to be filed against him therein.   27.  "Summons"  means  a process of a local criminal court or superior court, more fully defined in section 130.10, requiring  a  defendant  to appear  before  such  court  for  the  purpose  of  arraignment  upon an accusatory instrument filed therewith by which a criminal action against him has been commenced.   28. "Warrant of arrest" means a process of  a  local  criminal  court, more  fully  defined  in  section  120.10, directing a police officer to arrest a defendant and to bring him before such court for the purpose of arraignment upon an accusatory instrument filed  therewith  by  which  a criminal action against him has been commenced.   29.  "Superior  court warrant of arrest" means a process of a superior court directing a police officer to arrest a defendant and to bring  him before  such  court  for  the  purpose of arraignment upon an indictment filed therewith  by  which  a  criminal  action  against  him  has  been commenced.   30.  "Bench  warrant"  means  a process of a criminal court in which a criminal action is pending, directing a police officer, or  a  uniformed court  officer,  pursuant  to  paragraph b of subdivision two of section 530.70 of this chapter, to take into custody a defendant in such  action who  has  previously  been  arraigned  upon the accusatory instrument by which the action was commenced, and to bring him before such court.  The function  of  a  bench  warrant  is to achieve the court appearance of a defendant in a pending criminal action for some purpose other  than  his initial arraignment in the action.   31. "Prosecutor" means a district attorney or any other public servant who represents the people in a criminal action.   32.  "District  attorney"  means  a  district  attorney,  an assistant district  attorney  or  a  special   district   attorney,   and,   where appropriate,  the  attorney  general,  an  assistant attorney general, a deputy attorney general, a  special  deputy  attorney  general,  or  the special  prosecutor  and  inspector general for the protection of people with special needs or his or her  assistants  when  acting  pursuant  to their  duties  in  matters arising under article twenty of the executive law, or the inspector general of New York for transportation or  his  or her  deputies  when  acting  pursuant to article four-B of the executive law.   33. "Peace officer" means a person listed  in  section  2.10  of  this chapter.   34. "Police officer." The following persons are police officers:  (a) A sworn member of the division of state police;   * (b) Sheriffs, under-sheriffs and deputy sheriffs of counties outside of New York City;   * NB Effective until October 16, 2023   * (b) Sheriffs, under-sheriffs and deputy sheriffs of counties outside of  New  York City where such department is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023    * (c) A sworn officer of an authorized county or county parkway police department;   * NB Effective until October 16, 2023   * (c) A sworn officer of an authorized county or county parkway police department  where  such  department  is  certified  in  accordance  with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023   * (d) A sworn officer of an authorized police department or force of a city, town, village or police district;   * NB Effective until October 16, 2023   * (d) A sworn officer of an authorized police department or force of a city, town, village or police district where such department or force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023   * (e) A sworn  officer  of  an  authorized  police  department  of  an authority  or  a  sworn officer of the state regional park police in the office of parks and recreation;   * NB Effective until October 16, 2023   * (e) A sworn  officer  of  an  authorized  police  department  of  an authority  or  a  sworn officer of the state regional park police in the office of parks  and  recreation  where  such  department  or  force  is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023   * (f)  A  sworn  officer  of the capital police force of the office of general services;   * NB Effective until October 16, 2023   * (f) A sworn officer of the capital police force  of  the  office  of general  services  where  such  force  is  certified  in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023  (g) An investigator employed in the office of a district attorney;  (h) An investigator employed by a commission created by an  interstate compact  who  is, to a substantial extent, engaged in the enforcement of the criminal laws of this state;  (i) The chief and deputy fire marshals, the supervising fire  marshals and  the  fire  marshals  of the bureau of fire investigation of the New York City fire department;   * (j) A sworn officer of  the  division  of  law  enforcement  in  the department of environmental conservation;   * NB Effective until October 16, 2023   * (j)  A  sworn  officer  of  the  division  of law enforcement in the department  of  environmental  conservation  where  such   division   is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023   * (k)  A sworn officer of a police force of a public authority created by an interstate compact;   * NB Effective until October 16, 2023   * (k) A sworn officer of a police force of a public authority  created by  an  interstate  compact  where such force is certified in accordance with  paragraph  (d)  of  subdivision  one  of  section  eight   hundred forty-six-h of the executive law;   * NB Effective October 16, 2023   * (l) Long Island railroad police.    * NB Effective until October 16, 2023   * (l)  Long  Island  railroad police where such department or force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023  (m) A special investigator employed in the statewide  organized  crime task  force,  while  performing  his assigned duties pursuant to section seventy-a of the executive law.  (n) A sworn officer of the Westchester  county  department  of  public safety  services  who,  on  or prior to June thirtieth, nineteen hundred seventy-nine was appointed  as  a  sworn  officer  of  the  division  of Westchester  county parkway police or who was appointed on or after July first, nineteen hundred seventy-nine to the  title  of  police  officer, sergeant,  lieutenant,  captain  or  inspector  or  who,  on or prior to January thirty-first, nineteen hundred eighty-three, was appointed as  a Westchester county deputy sheriff.   * (o)  A sworn officer of the water-supply police employed by the city of New York, appointed to protect the sources, works,  and  transmission of  water supplied to the city of New York, and to protect persons on or in the vicinity of such water sources, works, and transmission.   * NB Effective until October 16, 2023   * (o) A sworn officer of the New York city department of environmental protection police, employed by  the  city  of  New  York,  appointed  to protect  the  sources,  works, and transmission of water supplied to the city of New York, and to protect persons on or in the vicinity  of  such water   sources,  works,  and  transmission  where  such  department  is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023   * (p) Persons  appointed  as  railroad  police  officers  pursuant  to section eighty-eight of the railroad law.   * NB Effective until October 16, 2023   * (p)  Persons  appointed  as  railroad  police  officers  pursuant to section eighty-eight of the railroad law where such department or  force is  certified  in  accordance  with  paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023  (q) An employee of the department of taxation and finance (i) assigned to enforcement of the taxes imposed under or pursuant to  the  authority of  article twelve-A of the tax law and administered by the commissioner of taxation  and  finance,  taxes  imposed  under  or  pursuant  to  the authority  of  article  eighteen  of the tax law and administered by the commissioner, taxes imposed under article twenty  of  the  tax  law,  or sales  or  compensating  use  taxes  relating  to  petroleum products or cigarettes  imposed  under  article  twenty-eight  or  pursuant  to  the authority  of article twenty-nine of the tax law and administered by the commissioner or (ii) designated  as  a  revenue  crimes  specialist  and assigned  to  the enforcement of the taxes described in paragraph (c) of subdivision four of section 2.10 of  this  title,  for  the  purpose  of applying  for  and  executing  search warrants under article six hundred ninety of this chapter, for the purpose of acting as  a  claiming  agent under  article  thirteen-A  of  the  civil  practice  law  and  rules in connection with the enforcement of the taxes referred to above  and  for the  purpose  of executing warrants of arrest relating to the respective crimes specified in subdivision four of section 2.10 of this title.  (r) Any employee of the Suffolk county  department  of  parks  who  is appointed as a Suffolk county park police officer.    * (s)  A  university  police officer appointed by the state university pursuant to paragraph 1 of subdivision  two  of  section  three  hundred fifty-five of the education law.   * NB Effective until October 16, 2023   * (s)  A  university  police officer appointed by the state university pursuant to paragraph 1 of subdivision  two  of  section  three  hundred fifty-five  of  the  education  law  where  such  department or force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023  (t) A sworn officer of the department of public safety of the  Buffalo municipal  housing authority who has achieved or been granted the status of sworn police officer and  has  been  certified  by  the  division  of criminal  justice  services as successfully completing an approved basic course for police officers.   * (u) Persons appointed as Indian police officers pursuant to  section one hundred fourteen of the Indian law.   * NB Effective until October 16, 2023   * (u)  Persons appointed as Indian police officers pursuant to section one hundred fourteen of the Indian law where such department or force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;   * NB Effective October 16, 2023  (v) Supervisor of forest  ranger  services;  assistant  supervisor  of forest  ranger services; forest ranger 3; forest ranger 2; forest ranger 1 employed by the state  department  of  environmental  conservation  or sworn  officer  of the division of forest protection and fire management in the department of environmental  conservation  responsible  for  wild land  search  and  rescue,  wild  land  fire  management in the state as prescribed in subdivision eighteen of section 9-0105 and title eleven of article nine of the environmental  conservation  law,  exercising  care, custody  and  control  of  state lands administered by the department of environmental conservation.   34-a. "Geographical area of employment."  The  "geographical  area  of employment" of certain police officers is as follows:   * (a)  Except  as  provided  in paragraph (d) of this subdivision, New York state constitutes the "geographical  area  of  employment"  of  any police  officer  employed  as  such  by  an agency of the state or by an authority which functions throughout the  state,  or  a  police  officer designated by the superintendent of state police pursuant to section two hundred twenty-three of the executive law;   * NB Effective until September 1, 2023   * (a)  Except as provided in paragraph (d), New York state constitutes the "geographical area of employment" of any police officer employed  as such  by  an  agency  of  the  state  or by an authority which functions throughout the state;   * NB Effective September 1, 2023  (b) A county, city, town or village, as the case may  be,  constitutes the  "geographical area of employment" of any police officer employed as such by an agency of such political subdivision or by an authority which functions only in such political subdivision; and  (c) Where  an  authority  functions  in  more  than  one  county,  the "geographical  area  of employment" of a police officer employed thereby extends through all of such counties.  (d) The geographical area of employment of a police officer  appointed by  the state university is the campuses and other property of the state university, including any portion of a public highway which  crosses  or abuts such property.  (e)  The geographical area of employment of a police officer appointed pursuant to section one hundred fourteen of the Indian law is within the county of Franklin, and within that county, only within the boundary  of the  St.  Regis  reservation, except that if the superintendent of state police  has certified such officer with expanded jurisdiction within the county of Franklin, pursuant to subdivision eight-a of such section, the geographical area of  employment  of  such  police  officer  shall  also include the area of expanded jurisdiction set forth in that subdivision.   35.  "Commitment  to the custody of the sheriff," when referring to an order of a court located in a county or city  which  has  established  a department  of  correction,  means  commitment  to  the  commissioner of correction of such county or city.   36. "County" ordinarily means (a) any county outside of New York  City or  (b)  New  York  City  in its entirety. Unless the context requires a different construction, New York City, despite  its  five  counties,  is deemed  a  single  county  within  the meaning of the provisions of this chapter in which that term appears.   37. "Lesser included offense." When  it  is  impossible  to  commit  a particular  crime without concomitantly committing, by the same conduct, another offense of lesser grade or degree, the latter is,  with  respect to  the  former, a "lesser included offense." In any case in which it is legally possible to attempt to commit a crime, an attempt to commit such crime constitutes a lesser included offense with respect thereto.   38. "Oath" includes an affirmation and every other mode authorized  by law of attesting to the truth of that which is stated.   39. "Petty offense" means a violation or a traffic infraction.   40.  "Evidence  in chief" means evidence, received at a trial or other criminal proceeding in which a defendant's  guilt  or  innocence  of  an offense is in issue, which may be considered as a part of the quantum of substantive proof establishing or tending to establish the commission of such  offense  or  an  element  thereof  or  the  defendant's connection therewith.   41. "Armed felony" means any violent felony offense defined in section 70.02 of the penal law that includes as an element either:  (a) possession, being armed with or causing serious physical injury by means of a deadly weapon, if the weapon is a loaded weapon from which  a shot,  readily  capable  of  producing  death  or other serious physical injury may be discharged; or  (b) display of what appears to be a pistol, revolver, rifle,  shotgun, machine gun or other firearm.   42.  "Juvenile offender" means (1) a person, thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25  of  the  penal law,  or  such  conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; and (2) a  person  fourteen or fifteen years old who is criminally responsible for acts constituting the crimes defined in subdivisions one and two of section 125.25 (murder in  the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one  for  which  such person  is  criminally  responsible;  section  135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one  and two   of   section   120.10   (assault  in  the  first  degree);  125.20 (manslaughter in the first degree); subdivisions one and two of  section 130.35  (rape  in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the  first  degree);  130.70  (aggravated sexual  abuse  in  the  first  degree);  140.30  (burglary  in the first degree); subdivision one of  section  140.25  (burglary  in  the  second degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the  first degree); subdivision two of section 160.10 (robbery in the  second degree) of the penal law; or section 265.03 of the penal law, where such machine  gun  or  such  firearm  is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law;  or  defined in the penal law as an attempt to commit murder in the second degree or kidnapping in the first degree, or such  conduct  as  a sexually  motivated  felony, where authorized pursuant to section 130.91 of the penal law.   43. "Judicial hearing officer" means a person so  designated  pursuant to provisions of article twenty-two of the judiciary law.   44.  "Adolescent  offender"  means  a  person  charged  with  a felony committed on or after October first, two thousand eighteen  when  he  or she  was sixteen years of age or on or after October first, two thousand nineteen, when he or she was seventeen years of age.   45. "Expunge" means, where an  arrest  and  any  enforcement  activity connected with that arrest, including prosecution and any disposition in any  New  York  state  court,  is  deemed  a  nullity and the accused is restored, in contemplation of the law, to  the  status  such  individual occupied before the arrest, prosecution and/or disposition; that records of  such  arrest,  prosecution  and/or  disposition  shall  be marked as expunged or shall be destroyed as set forth in section  160.50  of  this chapter.  Neither the arrest nor prosecution and/or disposition, if any, of a matter deemed a nullity shall operate as a disqualification of  any person   so  accused  to  pursue  or  engage  in  any  lawful  activity, occupation, profession or calling. Except where specifically required or permitted by statute or upon specific authorization of a superior court, no such person shall be required to divulge  information  pertaining  to the arrest, prosecution and/or disposition of such a matter.