Division of Criminal Justice Services

Arrest Processing - Fingerprinting - Statutory Requirements for Fingerprinting Adult Arrestees

Authority: Criminal Procedure Law Section 160.10 (1).

1. The arresting or other appropriate police officer or agency must take, or cause to be taken, fingerprints of the arrested person or defendant if an offense, which is the subject of the arrest or which is charged in the accusatory instrument filed, is a:

a. Felony

b. Misdemeanor defined in the Penal Law

c. Misdemeanor defined outside the penal law which would constitute a felony if such person had a previous judgment of conviction for a crime

d. Loitering as defined in subdivision three of section 240.35 of the Penal Law

e. Loitering for the purpose of engaging in a prostitution offense as defined in subdivision two of section 240.37 of the Penal Law

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