Introduction

An individual's criminal history at DCJS consists of a record of all reported fingerprintable arrests of the individual, the charges reported with the arrests, the prosecutorial and judicial actions involved in disposing of the charges on which the individual is arraigned and information related to the custodial or supervisory sentences imposed by the court. These arrest records are initialized by and supported by a set of arrest fingerprints and related data submitted to DCJS by arresting agencies.

Local Arresting Agencies

County sheriff departments, as well as town, village, district or county police and city police departments are considered local arresting agencies. Also included in this category are Prosecutor Investigators, Railroad Police, New York City Fire Marshals, New York City Water Supply Police and other similar agencies.

State Arresting Agencies

New York State arresting agencies include the State Police, State Environmental Conservation Police, State Parks and Recreation Police, State University of New York Police and State Taxation Department investigators.

The Criminal History Record

The criminal history record begins with documentation of the arrest and the establishment of a fingerprint-supported record in the State Criminal Record Repository (DCJS).

Arrest Fingerprinting and Fingerprint Submission. Under Sections 160.10, 160.20, 160.30 and 160.40 of the New York State Criminal Procedure Law, law enforcement agencies are responsible for fingerprinting individuals arrested on a felony, any misdemeanor in the penal law and selected other misdemeanors and violations. Under Section 306.1 and 306.2 of the Family Court Act, law enforcement agencies are responsible for fingerprinting alleged juvenile delinquents charged with a class A or B felony if the child is 11 years of age or older, or charged with any felony if the child is 13 years of age or older. The fingerprints from those arrests must be submitted to the State Criminal Record Repository (DCJS) without unnecessary delay.

Individuals charged with a fingerprintable offense through a court summons must be fingerprinted upon arraignment unless charged through a civilian complaint. Individuals charged through a civilian complaint must be fingerprinted upon conviction (Criminal Procedure Law Section 130.60). Individuals who are arrested and subsequently issued an appearance ticket must be fingerprinted before being released (Criminal Procedure Law Section 140.20). If a police officer issues an appearance ticket for a fingerprintable offense in lieu of an arrest, fingerprinting is not completed until after court arraignment (Criminal Procedure Law Section 150.70).

DCJS processes arrest fingerprints received from law enforcement agencies, updates the arrest information to the Computerized Criminal History file (CCH), and, except for State Police and a few other agencies, returns a copy of the individual's criminal history to the agency submitting the prints (Criminal Procedure Law Section 160.30). Criminal histories are sent directly to the court of arraignment except for New York City arrests. There, law enforcement agencies are responsible for transmitting a copy of the criminal history report to the prosecutor and two copies to the court where the case is pending (Criminal Procedure Law Section 160.40). The court, in turn, is responsible for providing the defendant's/respondent's counsel with a copy of the criminal history (Criminal Procedure Law Section 160.40). Outside New York City, the district attorney normally receives the defendant's fingerprint-based criminal history from DCJS through its New York Statewide Police Information Network (NYSPIN) terminal.

Meticulous case documentation, sharing of information with the rest of the agencies involved with the case, and reporting of arrest information and fingerprints to DCJS are essential for the creation of a complete and accurate criminal history record at DCJS. Incomplete reporting to DCJS or inadequate sharing of information with other criminal justice agencies involved in the case impedes the ability of other agencies involved in the process to fully report their information to DCJS.

The fingerprints of individuals charged with fingerprintable crimes provide the starting point and anchor for the New York State criminal history information available to the criminal justice community. The inclusion of arrest identifiers allows other agencies including prosecutors, the courts and custody and supervisory agencies to provide related information that can be linked to the arrest information on the individual's criminal history.

This section of the Manual includes Standard Practices for those aspects of arrest processing related to the collection, recording and transmission of arrest information for fingerprintable crimes to DCJS and other criminal justice agencies (e.g. courts, prosecutors), and the use and dissemination of arrest fingerprint-based rapsheets.

Criminal Case Processing
Providing Complete Case Documentation
Sharing Documents with Other Agencies

Fingerprinting
Fingerprinting Adult Arrestees
Juvenile Offenders, Juvenile Delinquents
Timing of Fingerprinting
Quality of Fingerprints
Fingerprint Submission Types
Related Data
Timing of Submission
JD, JO Fingerprint Submissions

Fingerprint Submissions
Criminal History Report (rapsheet)

Notifications of Modifications

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