New York Laws
Article 160 - Fingerprinting and Photographing of Defendant After Arrest--Criminal Identification Records and Statistics
160.55 - Order Upon Termination of Criminal Action by Conviction for Noncriminal Offense; Entry of Waiver; Administrative Findings.

(a) every photograph of such person and photographic plate or proof,
and all palmprints and fingerprints taken or made of such person
pursuant to the provisions of this article in regard to the action or
proceeding terminated, and all duplicates and copies thereof, except a
digital fingerprint image where authorized pursuant to paragraph (e) of
this subdivision, except for the palmprints and fingerprints concerning
a disposition of harassment in the second degree as defined in section
240.26 of the penal law, committed against a member of the same family
or household as the defendant, as defined in subdivision one of section
530.11 of this chapter, and determined pursuant to subdivision eight-a
of section 170.10 of this title, shall forthwith be, at the discretion
of the recipient agency, either destroyed or returned to such person, or
to the attorney who represented such person at the time of the
termination of the action or proceeding, at the address given by such
person or attorney during the action or proceeding, by the division of
criminal justice services and by any police department or law
enforcement agency having any such photograph, photographic plate or
proof, palmprints or fingerprints in its possession or under its
control;
(b) any police department or law enforcement agency, including the
division of criminal justice services, which transmitted or otherwise
forwarded to any agency of the United States or of any other state or of
any other jurisdiction outside the state of New York copies of any such
photographs, photographic plates or proofs, palmprints and fingerprints,
shall forthwith formally request in writing that all such copies be
destroyed or returned to the police department or law enforcement agency
which transmitted or forwarded them, and upon such return such
department or agency shall, at its discretion, either destroy or return
them as provided herein;
(c) all official records and papers relating to the arrest or
prosecution, including all duplicates and copies thereof, on file with
the division of criminal justice services, police agency, or
prosecutor's office shall be sealed and not made available to any person
or public or private agency;
(d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such person's designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in which the accused has moved for an order pursuant to section 170.56

or 210.46 of this chapter, or (ii) a law enforcement agency upon ex
parte motion in any superior court, or in any district court, city court
or the criminal court of the city of New York provided that such court
sealed the record, if such agency demonstrates to the satisfaction of
the court that justice requires that such records be made available to
it, or (iii) any state or local officer or agency with responsibility
for the issuance of licenses to possess guns, when the accused has made
application for such a license, or (iv) the New York state department of
corrections and community supervision when the accused is under parole
supervision as a result of conditional release or parole release granted
by the New York state board of parole and the arrest which is the
subject of the inquiry is one which occurred while the accused was under
such supervision, or (v) the probation department responsible for
supervision of the accused when the arrest which is the subject of the
inquiry is one which occurred while the accused was under such
supervision, or (vi) a police agency, probation department, sheriff's
office, district attorney's office, department of correction of any
municipality and parole department, for law enforcement purposes, upon
arrest in instances in which the individual stands convicted of
harassment in the second degree, as defined in section 240.26 of the
penal law, committed against a member of the same family or household as
the defendant, as defined in subdivision one of section 530.11 of this
chapter, and determined pursuant to subdivision eight-a of section
170.10 of this title; and
(e) where fingerprints subject to the provisions of this section have
been received by the division of criminal justice services and have been
filed by the division as digital images, such images may be retained,
provided that a fingerprint card of the individual is on file with the
division which was not sealed pursuant to this section or section 160.50
of this article.
2. A report of the termination of the action or proceeding by
conviction of a traffic violation or a violation other than the
violation of operating a motor vehicle while ability impaired as
described in subdivision one of section eleven hundred ninety-two of the
vehicle and traffic law, shall be sufficient notice of sealing to the
commissioner of the division of criminal justice services unless the
report also indicates that the court directed that the record not be
sealed in the interests of justice. Where the court has determined
pursuant to subdivision one of this section that sealing is not in the
interests of justice, the clerk of the court shall include notification
of that determination in any report to such division of the disposition
of the action or proceeding. When the defendant has been found guilty of
a violation of harassment in the second degree and it was determined
pursuant to subdivision eight-a of section 170.10 of this title that
such violation was committed against a member of the same family or
household as the defendant, the clerk of the court shall include
notification of that determination in any report to such division of the
disposition of the action or proceeding for purposes of paragraph (a)
and subparagraph (vi) of paragraph (d) of subdivision one of this
section.
3. A person against whom a criminal action or proceeding was
terminated by such person's conviction of a traffic infraction or
violation other than the violation of operating a motor vehicle while
ability impaired as described in subdivision one of section eleven
hundred ninety-two of the vehicle and traffic law, prior to the
effective date of this section, may upon motion apply to the court in
which such termination occurred, upon not less than twenty days notice
to the district attorney, for an order granting to such person the

relief set forth in subdivision one of this section, and such order
shall be granted unless the district attorney demonstrates to the
satisfaction of the court that the interests of justice require
otherwise.
4. This section shall not apply to an action terminated in a manner
described in paragraph (k) of subdivision two of section 160.50 of this
chapter.
5. (a) When a criminal action or proceeding is terminated against a
person by the entry of a waiver of a hearing pursuant to paragraph (c)
of subdivision ten of section eleven hundred ninety-two of the vehicle
and traffic law or section forty-nine-b of the navigation law, the
record of the criminal action shall be sealed in accordance with this
subdivision. Upon the entry of such waiver, the court or the clerk of
the court shall immediately notify the commissioner of the division of
criminal justice services and the heads of all appropriate police
departments and other law enforcement agencies that a waiver has been
entered and that the record of the action shall be sealed when the
person reaches the age of twenty-one or three years from the date of
commission of the offense, whichever is the greater period of time. At
the expiration of such period, the commissioner of the division of
criminal justice services and the heads of all appropriate police
departments and other law enforcement agencies shall take the actions
required by paragraphs (a), (b) and (c) of subdivision one of section
160.50 of this article.
(b) Where a person under the age of twenty-one is referred by the
police to the department of motor vehicles for action pursuant to
section eleven hundred ninety-two-a or eleven hundred ninety-four-a of
the vehicle and traffic law, or section forty-nine-b of the navigation
law and a finding in favor of the motorist or operator is rendered, the
commissioner of the department of motor vehicles shall, as soon as
practicable, but not later than three years from the date of commission
of the offense or when such person reaches the age of twenty-one,
whichever is the greater period of time, notify the commissioner of the
division of criminal justice services and the heads of all appropriate
police departments and other law enforcement agencies that such finding
in favor of the motorist or operator was rendered. Upon receipt of such
notification, the commissioner of the division of criminal justice
services and the heads of such police departments and other law
enforcement agencies shall take the actions required by paragraphs (a),
(b) and (c) of subdivision one of section 160.50 of this article.
(c) Where a person under the age of twenty-one is referred by the
police to the department of motor vehicles for action pursuant to
section eleven hundred ninety-two-a or eleven hundred ninety-four-a of
the vehicle and traffic law, or section forty-nine-b of the navigation
law, and no notification is received by the commissioner of the division
of criminal justice services and the heads of all appropriate police
departments and other law enforcement agencies pursuant to paragraph (b)
of this subdivision, such commissioner of the division of criminal
justice services and such heads of police departments and other law
enforcement agencies shall, after three years from the date of
commission of the offense or when the person reaches the age of
twenty-one, whichever is the greater period of time, take the actions
required by paragraphs (a), (b) and (c) of subdivision one of section
160.50 of this article.