2023 New York Laws › EXC - Executive › Article 35 - Division of Criminal Justice Services › 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