Sec. 6050.1. Individual's right to review own record

(a) A person, other than a person detained or incarcerated in a State or local correctional facility, upon satisfactory fingerprint identification and payment of the required fee, may obtain a copy of the complete 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 such records on file. For this purpose complete criminal history record information shall mean a record of arrests and dispositions. Such person may also request, and DCJS may provide, a copy of such person’s redacted criminal history record information which does not include information which has been sealed or suppressed pursuant to the Criminal Procedure Law or suppressed or destroyed pursuant to the Family Court Act. The completeness or accuracy of the criminal history may be challenged pursuant to section 6050.2 of this Part. Such criminal history record information shall be transmitted only to the person at the address indicated on the request form. A person detained or incarcerated in a local or State correctional facility, upon positive identification deemed satisfactory by the Commissioner of the Division of Criminal Justice Services (commissioner), may request one copy per calendar year of the criminal history record information maintained by DCJS pertaining to such inmate. For this purpose criminal history information shall mean a record of arrests and dispositions associated with the New York State identification number currently assigned to the inmate. If an inmate’s criminal history changes after he or she has requested and received a copy in a calendar year, such inmate may request and receive an additional copy.

(b) Payment for such information shall be made in a form and manner prescribed by DCJS. The fee for a copy of either the complete or redacted criminal history record information shall be $50. Upon satisfactory proof of financial hardship, however, the commissioner, or his or 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 imposed by law or regulation regarding or requiring fingerprint submissions for employment, license, permit or other applications pursuant to Federal, State or local laws.