Access to Criminal History Records & Background Checks

To Request a Public Record Review While Living in New York State:

1. Contact MorphoTrust USA - a vendor under a state contract - by calling 1-877-472-6915 (toll free number) or by visiting their website at www.Identogo.com to schedule an appointment for fingerprinting.
2. The "Request for MorphoTrust USA Fingerprinting Services – NYS Division of Criminal Justice Services Record Review Program" form describes the information that will be requested when you schedule the appointment.
3. In completing that information, please note:
   1. The Record Review ORI Number -NYDCJSPRY –must be listed.
   2. You may request that your response be sent to your attorney rather than yourself.
4. When you arrive for your fingerprinting appointment, you must:
   1. Provide two forms of identification (information on acceptable forms are available on the MorphoTrust USA website or from the MorphoTrust USA Call Center); AND
   2. Pay the fee for fingerprinting services - $60.75 - (the DCJS Record Review Fingerprint Fee of $50.00 plus the MorphoTrust USA processing fee of $10.75) using a personal or business check, certified check, bank check, money order, cash, or credit card made out to "MorphoTrust USA".

DCJS Response: Upon completion of your MorphoTrust USA fingerprinting appointment:

• You may verify that your fingerprint transaction has been submitted to DCJS by calling MorphoTrust USA at 1-877-472-6915 (toll free number).
• DCJS will mail your response to via U.S. mail seven to ten business days after receipt of the fingerprints. Responses cannot be picked up at DCJS.
• The response may include criminal, civil or no record information. A form explaining how to challenge any reported information will also be included with the response. This link provides you with guidelines to expedite your request to challenge your record.

To Request a Record Review While Living Outside New York State:

• Contact the DCJS Record Review Unit to request an out of state Record Review application packet by:
  • Phone: (518) 485-7675; (518) 457-9847 or 1-800-262-3257 (DCJS Customer Contact Center)
  • E-Mail:  RecordReview@dcjs.ny.gov;  Please provide current complete mailing address in your email (including addresses  outside the United States)  to obtain the application packet as the packet cannot be emailed; OR
  • Mail:
    • DCJS Record Review Unit
      New York State Division of Criminal Justice Services
      Alfred E. Smith Building
      80 South Swan St.
      Albany, New York 12210
  • Note: If you live in Canada, you may request an application packet by calling 1-800-749-7554 or by calling or visiting an MorphoTrust USA site (see http://www.l1id.com/pages/564-canada-locations for site information).
• Complete the "Request for MorphoTrust USA Cardscan Fingerprinting Services – NYS Division of Criminal Justice Services Record Review Program" application form and mail it to MorphoTrust USA (address below) with:
  • Your fingerprints and demographic information on the enclosed fingerprint card. DO NOT BEND THE CARD WHEN MAILING! YOU NEED TO USE THE ENCLOSED CARD TO ENSURE PROPER PROCESSING! AND
  • The fee of $60.75 – (the DCJS Record Review Fingerprint Fee of $50.00 plus the MorphoTrust USA processing fee of $10.75) which may be paid using a personal or business check, certified check, bank check, money order, or credit card made out to "MorphoTrust USA".
  • Note: If appropriate, complete the authorization on the application form to have the Record Review response mailed to your attorney.
• Out of State Record Review Vendor Mailing Address
  • MorphoTrust USA ESD/Livescan Processing Unit
    1650 Wabash Ave, Suite D
    ATT: Cardscan Dept
    Springfield, IL 62704

DCJS Response: After mailing your Record Review packet to MorphoTrust USA:

• You may verify that a fingerprint card mailed has been received by MorphoTrust USA and/or submitted to DCJS for processing by calling MorphoTrust USA at 1-877-472-6915 (toll free number) or 1-217-793-2080 (from outside the United States).
• DCJS will mail your response to via U.S. mail seven to ten business days after receipt of the fingerprints. Responses cannot be picked up at DCJS.
• The response may include criminal, civil or no record information. A form explaining how to challenge any reported information will also be included with the response. This link provides you with guidelines to expedite your request to challenge your record.

To Request a Record Review and the Waiver of the $50 DCJS Record Review Fee:

1. Contact DCJS and request a Record Review Fee Waiver application packet by:
   • Phone: (518) 485-7675; (518) 457-9847 or 1-800-262-3257 (DCJS Customer Contact Center)
   • E-Mail:  RecordReview@dcjs.ny.gov;  Please provide current complete mailing address in your email (including addresses  outside the United States)  to obtain the application packet as the packet cannot be emailed; OR
   • Mail:
     • DCJS Record Review Unit
       New York State Division of Criminal Justice Services
       Alfred E. Smith Building
       80 South Swan St.
       Albany, New York 12210
2. Complete and return the Fee Waiver packet to the DCJS Record Review Unit (address above) and include:
   1. The Fee Waiver application form;
   2. Your fingerprints and demographic information on the enclosed fingerprint card; DO NOT BEND THE CARD WHEN MAILING! YOU NEED TO USE THE ENCLOSED CARD TO ENSURE PROPER PROCESSING!, AND;
   3. The documentation to support your request for a fee waiver such as
      • a photocopy of a valid and current public assistance benefits card; or
      • a notarized financial statement listing available assets and current income which includes certification or attestation that the statement is true and accurate.
   4. Note: If appropriate, complete the authorization on the application form to have the Record Review response mailed to your attorney.
3. Fingerprint cards from approved Fee Waiver requests are entered and processed by DCJS staff.

DCJS Response: After Mailing Your Record Review Fee Waiver Packet to DCJS:

• Allow for a minimum of seven to ten business days for DCJS to respond to you via U.S. Mail.
• The response may include criminal, civil or no record information. A form explaining how to challenge any reported information will also be included with the response. This link provides you with guidelines to expedite your request to challenge your record.

As of May 1, 2009, DCJS established new requirements for user agencies accessing only NYS criminal history information. Access to NYS and federal criminal history records is governed by the terms of a Use and Dissemination Agreement entered into with DCJS. Use and Dissemination Agreements entered into after May 1, 2009 are subject to the new requirements which include:

1. A fingerprint-based criminal history background check of authorized users having access to Criminal History Record Information (CHRI); and
2. Specific training relating to the confidentiality of information to be reviewed by authorized users prior to accessing CHRI.

These changes reflect DCJS' desire to include all users who access CHRI within provisions regarding training and background checks which currently apply only to those users who access federal CHRI.

If you have any questions surrounding agency access to criminal history record information, please contact the Customer Contact Center at 518-457-5837 or 800-262-3257 and ask to be directed to the U&D group for assistance.

Local governments should follow the guidelines below in drafting a local law that will be sufficient to authorize the agency to submit non-criminal applicant fingerprint inquiries to DCJS:

1. The specific license type/job title for which fingerprinting is required;
2. A provision requiring submission of fingerprints and any applicable fees in the form and manner as prescribed by DCJS;
3. The name of the municipal agency and the title of the staff responsible for reviewing the criminal history record information (CHRI) disseminated by DCJS; and
4. A provision stating that if a prospective applicant has been convicted of a crime, any decision regarding such prospective applicant's fitness for a license must be made upon consideration of New York State Correction Law §§701-703-b and §§751-753. Correction Law §§701-703-b provides for certificates of relief from disability and certificates of good conduct and §§751-753 sets forth NY's public policy to encourage the licensure and employment of persons previously convicted of one or more criminal offenses and factors that should be considered in making hiring determinations.

Proof of filing of such local law with the Secretary of State should also be submitted along with request for consideration of local law.

Please be advised that upon request, DCJS will review the sufficiency of any draft local law prior to its enactment.

*note this UD procedure information is currently unavailable in our Spanish translated page.

Inquiries concerning access to fingerprint-based criminal history record information (CHRI) maintained by the Division of Criminal Justice Services (DCJS) should be directed to the DCJS Use and Dissemination Unit. Please be advised that CHRI may only be released to law enforcement agencies, courts and entities that have statutory authority to access our records (see, Executive Law §837) or pursuant to a judicial subpoena.

Also, existing regulations (9 NYCRR Part 6050) allow an individual to request a personal criminal history record review. For further information about personal record reviews, please contact the DCJS Customer Contact Center at 1-800-262-3257 and request to be directed to the Record Review Unit, or email the Record Review Unit at RecordReview@dcjs.ny.gov; or write to DCJS Record Review Unit, Alfred E. Smith Building 80 South Swan St. Albany, New York 12210

All other access to CHRI is accomplished by the execution of a written Use and Dissemination (U&D) agreement between DCJS and the agency or organization seeking access. In order to commence the U&D process, the agency or organization seeking access must submit in writing the following information:

• Statutory authority authorizing the submission of fingerprints and receipt of CHRI; and
• Whether your entity is requesting access to federal CHRI maintained by the Federal Bureau of Investigation, along with the statutory authority which permits such access; and
• Description of your agency’s functions.

Upon receipt, all requests for access to CHRI are sent to the DCJS Office of Legal Services for review to determine whether sufficient statutory authority exists to grant access. If there is not, access must be denied.

For further information, please contact the DCJS Customer Contact Center at 1-800-262-3257 or InfoDCJS@dcjs.ny.gov and request to be directed to the U&D group for assistance. You also may write to DCJS U&D Unit, Alfred E. Smith Building 80 South Swan St. Albany, New York 12210

A certificate of relief is a document, issued by a court or the of Corrections and Community Supervision, which removes restrictions barring individuals who have been convicted of misdemeanors or up to one felony from certain types of employment and from obtaining certain licenses. You need to contact the court or the New York State Department of Corrections and Community Supervision at www.doccs.ny.gov for detailed information on how to apply for the certificate.

A certificate of good conduct is a document, issued by the Department of Corrections and Community Supervision, which removes employment and licensure restrictions imposed on individuals who have been convicted of two or more felonies, and may restore the right of the individual to hold public office. You need to contact the New York State Department of Corrections and Community Supervision at www.doccs.ny.gov for detailed information on how to apply for the certificate.

New York State law does not allow for expungement of adult arrest records (those based upon criminal incidents when the individual was 16 years of age or older). However, a record related to an arrest that resulted in a dismissal of the charge or an acquittal may be sealed. A sealed record can be released only for limited purposes, such as if an individual applies for a pistol permit or for employment as a police or peace officer. Additionally, a sealed record may be released to parole or probation if you are under supervision.

You may get a copy of your New York State criminal history by conducting a Record Review.

• If you live in New York State, you need to schedule an appointment with L-1 Identity Solutions by telephoning their Call Center toll free at 1-877-472-6915 or visiting their web site at www.L1enrollment.com. L-1 Identity Solutions, which is under contract with the state, has approximately 100 fingerprinting workstation sites spread around New York State, including some offering evening and weekend hours. You will be required to provide two forms of identification when you appear for your appointment. Information on acceptable forms of identification can be obtained through the L-1 Call Center and on their website. You will also need to provide L-1 Identity Solutions with the following ORI Number - NYDCJSPRY - that applies to a Record Review.
• If you live outside New York State, please call the DCJS Record Review unit at (518)485-7675 or (518)457-9847 to request a cardscan packet (fingerprint card, application and fee) that should be completed and mailed to the L-1 Identity Solutions address on the application. You can contact the L-1 Call Center at 1-877-472-6915 to confirm receipt of the cardscan packet.

The current Record Review processing fee is $60.75, which includes a $50.00 DCJS fingerprinting fee and an L-1 fingerprinting fee of $10.75. Information on acceptable forms of payment can be obtained from the L-1 Call Center and the L-1 website.

Your complete unsuppressed New York State criminal history rapsheet will be mailed within 7 to 10 business days after DCJS receives the transaction from L-1 Identity Solutions. Responses cannot be picked up at DCJS. You will also receive information on how to challenge any aspect of your criminal history record.

Yes. If you believe that you qualify to have your Record Review fee waived, please call the DCJS Record Review unit at (518) 485-7675 or (518) 457-9847 to request a Record Review Fee Waiver packet. You will receive a fingerprint card and an application. You need to return the completed fingerprint card and application with the necessary documentation (such as a valid public assistance benefits card or a notarized financial statement) to support your request for the fee waiver. Then, the application, the fingerprint card and the supporting documentation should be returned to DCJS.

Yes. DCJS performs fingerprint-based background checks for employment and licensing purposes.

An agency may request a background check for an applicant for employment or licensing based upon a federal, state, or local statute that authorizes submission of fingerprints to DCJS. An agency may also be authorized to have the fingerprints submitted to the FBI for a federal fingerprint-based background check if a state law authorizes such access. If authorized by law, private sector and not-for-profit agencies requesting background checks are normally required to have the fingerprints submitted through the state agency that has regulatory authority over their operations.

The standard DCJS processing fee for background checks is $75. The standard FBI fee for background checks submitted electronically is $16.50. In addition, L-1 Identity Solutions under a contract with New York State may submit civil fingerprint transactions from authorized contributors to DCJS. If a contributor agency chooses to utilize the L-1 network for transmission of their authorized civil fingerprint submissions, an additional L-1 vendor fee would apply. In all cases, applicants should contact the agency that instructed them to be fingerprinted for the current fee.

Once the fingerprints and associated data are taken, sent, and received by DCJS, the authorized agency should receive the applicant's criminal history within five days. In the case of applicant prints submitted electronically, DCJS strives to process such transactions within 24-48 hours.