N.Y. Comp. Codes R. & Regs. tit. 9 § 6050.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 6050.1 - Individual's right to review own record

(a) A person, or a person's attorney who has been duly authorized in writing, upon satisfactory fingerprint identification, or other alternative method of positive identification deemed satisfactory by the Commissioner of the Division of Criminal Justice Services (commissioner), and payment of the required fee, may obtain a copy of the criminal history record information maintained by the Division of Criminal Justice Services (DCJS) pertaining to such person, or a response indicating that there are no records on file, and may challenge the completeness or accuracy of such information. Such criminal history record information shall be transmitted to the address indicated on the request form. If a person is detained or incarcerated in a local or State correctional facility, the criminal history information supplied shall not contain identifying data.

(b) Payment for such information shall be made by postal money order, Western Union, Integrated Payment System, Traveler's Express, or bank money order, made payable to the "New York State Division of Criminal Justice Services." Bank money orders must be issued by an American bank, must be payable in U.S. funds and must be valid for at least 90 days from the date of issuance. Remittance, together with a completed fingerprint card and the completed request form shall be directed to DCJS, Record Review Unit, Four Tower Place, Albany, NY 12203. If a person is incarcerated in a local or State correctional facility, payment shall be made in a manner approved by the commissioner. The fee for a copy of the criminal history record information shall be $50. Upon satisfactory proof of financial hardship, however, the commissioner, or his/her designee, may waive all, or a portion, of the fee. Factors to be considered when determining financial hardship may include indigence, available assets, eligibility for, and receipt of, State or Federal aid which is based on income or disability, or unreasonable hardship caused by the payment of such fee. The commissioner, or his or her designee, may require a certain form of payment from an individual or entity if, on prior requests, payment has been uncollectible.

(c) Record review responses do not replace or supplant any statutory or other legal requirements regarding or requiring fingerprint submissions for employment, license, permit or other applications pursuant to Federal, State or local laws.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6050.1