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An individual may request a Personal Record Review to obtain:

• A copy of his or her New York State criminal history record, commonly called a rap sheet.
• A “no record” response indicating that he or she has no New York State criminal history record.

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Note:An individual cannot request a criminal history record for another person to determine if that person has a criminal history.

How to Request Verification that a Record has been Sealed

Individuals or their lawyer can use the forms that follow to receive verification from the Division of Criminal Justice Services that a court-ordered seal – as defined by state Criminal Procedure Law (CPL) 160.59, 160.55, or 160.50 – has been applied to their New York State Criminal History Record.

• CPL 160.59 Seal Verification Form – This form should be used by individuals who have applied for and received a court order seal related to a conviction that occurred more than 10 years ago.
• CPL 160.55 Seal Verification Form – This form should be used by individuals requesting verification of a seal related to a felony or misdemeanor arrest that resulted in a conviction to either a traffic infraction or violation.
• CPL 160.50 Seal Verification Form – This form should be used by individuals requesting verification of a seal related to an arrest that resulted in the termination of the criminal proceedings in their favor (for example: decline to prosecute, dismissal or acquittal).

Note: A copy of the signed court seal order must be mailed with the verification form.

Requesting Expungement and Destruction of Certain Marijuana Conviction Records (CPL 160.50[5])

State law permits individuals convicted of Penal Law sections 221.05 and 221.10 to ask the court where the conviction occurred to expunge and destroy their criminal history records related to these charges. Individuals seeking destruction of those conviction records must make a formal request through the state Office of Court Administration (OCA). Please visit the OCA website for more information about how to make this request.
Please note: Convictions of Penal Law sections 221.05 and 221.10 have been sealed. This means that all of the arrest, court, prosecution and criminal history records related to those convictions are confidential and cannot be seen except under the following circumstances:

• If an individual is applying for a job as a police or peace officer; and,
• If an individual is applying for a pistol permit.

Individuals who are satisfied with the confidentiality that record sealing already provides are not required to apply for expungement or destruction of conviction records.

Personal Record Review: What You Need to Know

Personal Record Review: What You Need to Know

You may use your Personal Record Review response for any personal reason.

An employer or licensing entity cannot ask you to provide this information as a condition of obtaining or continuing a job or holding a license: this is prohibited by New York State Labor Law. This law does not apply to: employees of state or municipal departments; employees of legally incorporated hospitals, and employees of medical colleges associated with such hospitals; and employees of private proprietary hospitals.

Access to criminal history records for employment or licensing is only permitted if there is a state law, federal law, or local law of a New York State village, town, city or county that specifically authorizes a fingerprint-based criminal history record check for employment or licensure.

State Labor Law also requires every employer to post a copy of New York State Correction Law Article 23-A, which deals with the licensing and employment of individuals convicted of crimes. The information must be posted in a place accessible to employees.

Please Note:

• An individual must choose to receive either an unsuppressed or suppressed Personal Record Review response. If both responses are needed, a separate request must be submitted for each response.
• Personal Record Reviews requested for international purposes will require an apostille from the Department of State. The requester should use the reason types Travel/Other Country or Other International Purpose to ensure DCJS is aware that an apostille is required.
• Individuals who believe they have a criminal history record under more than one name must include those name(s) as aliases on the Personal Record Review application and fingerprint card. This information will help DCJS locate additional sealed records.
• Children younger than 11 years old cannot be fingerprinted for a Personal Record Review

There are two types of Personal Record Review responses:

Personal Record Review – Unsuppressed

This response contains all criminal history records, including those suppressed or sealed under New York State Criminal Procedure Law (CPL), including:

• CPL 160.50 dismissed cases
• CPL 160.55 eligible violation/infraction convictions
• CPL 160.58 eligible substance abuse and related convictions
• CPL 160.59 eligible convictions granted by the court
• CPL 720.35 youthful offender adjudications
• Individual charges dismissed in court and the equivalent arrest charges, if the case was disposed on or after Nov. 1, 1991.

Personal Record Review – Suppressed

This response does not include sealed or suppressed information, as detailed above.

How to request a Personal Record Review while living in NYS

How to request a Personal Record Review while living in NYS

1. Contact MorphoTrust USA to schedule an appointment to have your fingerprints taken: visit https://uenroll.identogo.com/ or call 1-877-472-6915.
2. You must provide one of the following Personal Record Review service codes either online or by phone:
   • For a Suppressed Record: 15464Z
   • For an Unsuppressed Record: 15465F
3. You must provide the following at your fingerprinting appointment:
   1. One form of identification. Visit https://uenroll.identogo.com or call 1-877-472-6915 for information about acceptable forms of identification. Note: If you are a minor between the ages of 11 and 17 and do not have an acceptable form of identification, please complete the New York Photo ID Waiver for Minors form.
      AND
   2. Payment: $13.75. Credit cards, checks and money orders are accepted. Checks or money orders must be made out to 'Idemia'.

After Submitting Your Personal Record Review request:

• Your Personal Record Review will be processed and delivered via U.S. mail within three to four weeks. Record Review responses cannot be picked up at DCJS.
• New York State does not release this information to a third party.
• Your response may include one or more of the following: your criminal history record, information about fingerprints you submitted as required by law for employment, licensing or other purpose, or a “no record” response.
• You also will receive information explaining how to challenge the accuracy of any reported information.

Contact the Record Review Unit at 518-457-9847, 518-485-7675 or RecordReview@dcjs.ny.gov with any questions about this process.

Personal Record Review – Unsuppressed

This response contains all criminal history records, including those suppressed or sealed under New York State Criminal Procedure Law (CPL), including:

• CPL 160.50 dismissed cases
• CPL 160.55 eligible violation/infraction convictions
• CPL 160.58 eligible substance abuse and related convictions
• CPL 160.59 eligible convictions granted by the court
• CPL 720.35 youthful offender adjudications
• Individual charges dismissed in court and the equivalent arrest charges, if the case was disposed on or after Nov. 1, 1991.

Personal Record Review – Suppressed

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This response does not include sealed or suppressed information, as detailed above.

How to request a Personal Record Review while living outside NYS

How to request a Personal Record Review while living outside NYS

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To find an IdentoGo location in your state of residence:

1. Visit https://uenroll.identogo.com/ and enter one of the following service codes:
• 15464Z to obtain a Suppressed Record
• 15465F to obtain an Unsuppressed Record
2. Then, click “Locate an Enrollment Center” and enter either your zip code or city and state to find a center near you.



Note: IdentoGo charges a $43.75 processing fee for this service. The fee must be paid when you are fingerprinted at the enrollment center.

If there is no IdentoGo Enrollment Center near you, please follow these procedures:

1. Download an FBI (FD-258) fingerprint card, complete the personal information fields on the fingerprint card and then contact a local law enforcement agency to have your fingerprints taken on the card.
   Note: If you are a minor between the ages of 11 and 17 and do not have an acceptable form of identification, please complete the New York Photo ID Waiver for Minors form.
2. Visit https://uenroll.identogo.com to enroll for Cardscan submission. A processing fee of $13.75 will be collected during that enrollment process. During enrollment, you must provide one of the following Service Codes:
   • 15464Z to obtain a Suppressed Record
   • 15465F to obtain an Unsuppressed Record
3. You will receive an enrollment confirmation page with a barcode printed on the top right of the page once your registration is complete. Print and sign the confirmation page with the barcode and mail the signed confirmation page and the completed fingerprint card to:
   IDENTOGO
   Cardscan Department
   6840 Carothers Parkway, Suite 650
   Franklin, TN 37067-9929
   

   NOTE:

   • IDENTOGO will not forward pre-paid envelopes to DCJS.
   • If you are out of country, please contact the Record Review Unit at 518-457-9847 or 518-485-7675.

After Submitting Your Personal Record Review request:

• After DCJS receives your fingerprint transaction, your Personal Record Review will be processed and sent via U.S. mail within 30 business days. Record Review responses cannot be picked up at DCJS.
• New York State does not release this information to a third party.
• Your response may include one or more of the following: your criminal history record, information about fingerprints you submitted as required by law for employment, licensing or other purpose, or a “no record” response.
• You also will receive information explaining how to challenge the accuracy of any reported information.

Contact the Record Review Unit at 518-457-9847, 518-485-7675 or RecordReview@dcjs.ny.gov with any questions about this process.

Personal Record Review – Unsuppressed

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This response contains all criminal history records, including those suppressed or sealed under New York State Criminal Procedure Law (CPL), including:

• CPL 160.50 dismissed cases
• CPL 160.55 eligible violation/infraction convictions
• CPL 160.58 eligible substance abuse and related convictions
• CPL 160.59 eligible convictions granted by the court
• CPL 720.35 youthful offender adjudications
• Individual charges dismissed in court and the equivalent arrest charges, if the case was disposed on or after Nov. 1, 1991.

Personal Record Review – Suppressed

This response does not include sealed or suppressed information, as detailed above.

Note:Individuals who have submitted their fingerprints as required by law for employment, licensing or other purpose (for example, adoptions) also will see that information on their Personal Record Review response.

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• New York State Criminal History Record Guide (PDF): An example of a criminal history record to provide explanations and details about the type of information that can be included.
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• Federal Equal Employment Opportunity Commission (EEOC) Guidelines: Guidance that addresses the exclusion of job applicants with criminal records

Additional information about CPL 160.59

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Individuals who have no convictions on their record for at least 10 years and have no charges pending may apply to a court to request that certain New York State convictions be sealed: