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This entry was published on 2023-11-17
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SECTION 845-D
Criminal record searches: reports for civil purposes
Executive (EXC) CHAPTER 18, ARTICLE 35
§ 845-d. Criminal record searches: reports for civil purposes. 1.
When, pursuant to statute or the regulations of this division, the
division conducts a search of its criminal history records for civil
purposes, and returns a report therein, it shall only report any
criminal convictions, and any criminal arrests and accompanying criminal
actions which are pending.

2. The provisions of subdivision one of this section shall not apply
to criminal history records: (a) provided by the division to qualified
agencies as defined in subdivision nine of section eight hundred
thirty-five of this article; (b) provided to federal or state law
enforcement agencies; (c) prepared solely for a bona fide research
purpose; or (d) prepared for the internal record keeping or case
management purposes of the division.

3. Nothing in this section shall authorize the division to provide
criminal history information that is not otherwise authorized by law or
that is sealed pursuant to section 160.50, 160.55, 160.58 or 160.59 of
the criminal procedure law.

* 4. Nothing in this section shall authorize the division to provide
criminal history information that is sealed pursuant to section 160.57
of the criminal procedure law to an entity other than those authorized
by such section to receive such information.

* NB Effective November 16, 2024

* 5. Except as otherwise required by law, every entity that receives
criminal history information for civil purposes shall provide or ensure
the provision of a copy of such criminal history information to every
individual for whom such information is received with a copy of article
twenty-three-A of the correction law, and that such individual be
informed of their right to seek correction of any incorrect information
contained in such information pursuant to the regulations and procedures
established by the division of criminal justice services.

* NB Effective November 16, 2024