ยง 845-c. Criminal history record searches; undisposed cases. 1. When,
pursuant to statute or the regulations of the division, the division
conducts a search of its criminal history records and returns a report
thereon, all references to undisposed cases contained in such criminal
history record shall be excluded from such report.
2. For purposes of this section, "undisposed case" shall mean a
criminal action or proceeding identified in the division's criminal
history record repository, for which there is no record of an unexecuted
warrant of arrest, superior court warrant of arrest, or bench warrant,
and for which no record of conviction or imposition of sentence or other
final disposition, other than the issuance of an apparently unexecuted
warrant, has been recorded and with respect to which no entry has been
made in the division's criminal history records for a period of at least
five years preceding the issuance of such report. When a criminal action
in the division's criminal history record repository becomes an
undisposed case pursuant to this section, and the action involves class
A charges, charges under article one hundred twenty-five of the penal
law, or felony charges under article one hundred thirty of the penal
law, the division shall notify the district attorney in the county which
has jurisdiction. If the district attorney notifies the division that
such case is pending and should not meet the definition of an undisposed
case, the case shall not be excluded from such report. If the division
does not receive a response from the district attorney within six months
of providing notice, the case shall be excluded from such report.
3. The provisions of subdivision one of this section shall not apply
to criminal history record information: (a) provided by the division to
qualified agencies pursuant to subdivision six of section eight hundred
thirty-seven of this article, or to federal or state law enforcement
agencies, for criminal justice purposes; (b) prepared solely for a bona
fide research purpose; or (c) prepared for the internal record keeping
or case management purposes of the division.
Structure New York Laws
Article 35 - Division of Criminal Justice Services
836 - Division of Criminal Justice Services; Commissioner, Organization and Employees.
837 - Functions, Powers and Duties of Division.
837-A - Additional Functions, Powers and Duties of the Division.
837-B - Duties of Courts and Peace Officers.
837-C - Processing Requests Submitted by Police Departments.
837-D - Soft Body Ballistic Armor Vests for Police Officers.
837-E - Statewide Central Register for Missing Children.
837-F - Missing and Exploited Children Clearinghouse.
837-F-1 - Missing Vulnerable Adults Clearinghouse.
837-G - Livery Vehicle Safety Training Program Establishment.
837-H - Livery Vehicle Safety Program; Standards; Eligibility; Reports.
837-I - Uniform Parking Ticket.
837-J - Parking Violations Enforcement and Disposition Program.
837-K - Safe House for Children.
837-L - Capital Prosecution Extraordinary Assistance Program.
837-N - Criminal History Information of Caregivers; Requirements.
837-O - Search for Arson and Sex Offense Conviction Records of Volunteer Firefighter Applicants.
837-Q - Payments to Westchester County for Policing Special Parkways.
837-R - Office of Sex Offender Management.
837-T - Use of Force Reporting.
837-V - Report of Discharge of Weapon.
837-V*2 - Reporting Duties of Law Enforcement Departments With Respect to Arrest-Related Deaths.
837-W - Technological Viability of Microstamping-Enabled Firearms.
837-X - Cooperation With Certain Out-of-State Investigations.
837-X*2 - Cooperation With Certain Out-of-State Investigations.
838 - Identification of Unknown Dead and Missing Persons.
838-A - Maintenance of Sexual Offense Evidence Kits.
838-B - Victim's Right to Notice.
839 - Municipal Police Training Council.
840 - Functions, Powers and Duties of Council.
841 - Functions, Powers and Duties of the Commissioner With Respect to the Council.
841-A - Security Guard Advisory Council.
841-B - Functions, Powers and Duties of Council.
841-C - Functions, Powers and Duties of the Commissioner With Respect to the Council.
842 - Council Rules and Regulations Promulgated by Governor.
843 - Division Homepage on the Internet.
844-B - New York State Committee for the Coordination of Police Services to Elderly Persons.
845 - Central State Registry of Police Officers and Peace Officers.
845-B - Requests for Criminal History Information.
845-C - Criminal History Record Searches; Undisposed Cases.
845-D - Criminal Record Searches: Reports for Civil Purposes.