New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 6051
Executive Department
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4 sections
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9 NYCRR 6051.1 - Security, privacy, and limitations on access
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The Division of Criminal Justice Services (DCJS) shall safeguard the security and privacy of criminal history record information (CHRI) and shall not release CHRI in any form that can be identified with the subjects of such CHRI, except in the following circumstances:
(1)When explicitly authorized by a New York statute which specifically authorizes the release of CHRI.
(2)When the release of such information is necessary or appropriate to allow a governmental entity within or without the State to implement or comply with a Federal statute or regulation, or criminal justice site security policy; a statute of this or another state; or a local law or ordinance of a municipality or political subdivision of this State. Determining whether to release CHRI under this paragraph in particular cases is within the commissioner's discretion. The commissioner may consider whether intrusions on privacy outweigh the public need that the provision in question be implemented or followed.
(3)In connection with applications of persons who are required to access DCJS or Federal Bureau of Investigation (FBI) criminal justice information systems or data; engaged in the process of capturing fingerprints for submissions to DCJS or the FBI for criminal history background checks; or responsible for reviewing the results of such fingerprint-based background checks.
(4)When the CHRI concerns a person whose background is being reviewed in connection with executive branch appointment or nomination to a State or judicial office that is not otherwise covered by Civil Service Law, section 50(4).
(5)For background checks conducted pursuant to statute, DCJS may, unless otherwise precluded by State statute, notify the print contributor of subsequent arrests of the subject individual.
(6)When CHRI is requested by a qualified agency as defined in Executive Law, section 835(9) for an authorized criminal justice function as defined in Executive Law, section 835(10) of such agency.
(7)When an individual requests a copy of his or her own CHRI pursuant to Part 6050 of this Title.
(8)When in the commissioner's judgement such release is required in an emergency, or for compelling considerations of public safety, or for other case of extraordinary need.
(b)Release of sealed CHRI data shall be made in accordance with Criminal Procedure Law, sections 160.50, 160.55, and 725.15.
(c)CHRI, may be released for bona fide research purposes pursuant to Executive Law, 837(4)(e).
(d)Statistical summaries of CHRI may be released for public dissemination pursuant to Executive Law, section 837(4)(a).
9 NYCRR 6051.2 - Access procedure
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Access to CHRI shall be accomplished by execution of a written use and dissemination agreement between DCJS and the agency or organization seeking access, or upon such terms and conditions as DCJS deems necessary and appropriate. Except where otherwise provided by statute, DCJS shall have sole discretion in determining the manner in which services provided shall be furnished.
9 NYCRR 6051.3 - Fees
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Pursuant to Executive Law, section 837(8-a), DCJS shall charge the following fees when it conducts a fingerprint-based search of its criminal history records and returns a report thereon in connection with applications for employment, licenses, or permits:
(1)a basic fee of $25; and
(2)a surcharge in such an amount as authorized by the New York State Legislature.
(b)An additional fee for service shall be added when expressly required by Federal statute, rule or regulation, including additional fees required when submitting an application for processing by the Federal Bureau of Investigation.
(c)The required fee must accompany the applicant's fingerprint submission or application upon which the search request is predicated, except as provided in General Business Law, section 359-e(12), or unless otherwise provided by DCJS.
(d)Payment for services shall be made by electronic transfer of funds; postal money order; Western Union, Integrated Payment Systems, bank, American Express, or Travelers Express money orders; corporate check; or governmental check, unless otherwise provided by agreement. Bank money orders must be issued by a bank chartered in the United States, must be payable in U.S. funds, and must be valid for at least 90 days from the date of issuance. A $25 service charge may be imposed for all checks that are returned due to insufficient funds. The commissioner of DCJS, or his or her designee, may refuse to accept a certain form of payment if, on prior requests, that form of payment has been uncollectible. Remittance shall be made payable to DCJS and directed to the Civil Identification Bureau, Four Tower Place, Albany, NY 12203.
(e)The commissioner of DCJS, or his or her designee, may waive any fee or portion thereof.
9 NYCRR 6051.4 - Earlier source heading: [Repealed]
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Current section text is not available here.