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This entry was published on 2014-09-22
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SECTION 837-M*2
Criminal history records search for certain employment, appointments, licenses or permits in the city of New York
Executive (EXC) CHAPTER 18, ARTICLE 35
* § 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