Arrest Processing - Following Rapsheets and Modifications to Arrests - DCJS Criminal History Report (Rapsheet)

1. Dissemination of Arrest Fingerprint-based Rapsheet

Authority: Criminal Procedure Law Sections 160.30 and 160.40(1).

a. The arresting agency shall ensure that the court (and defendant or defense attorney via the court) and the prosecutor receive the fingerprint-based rapsheet, generated by the processing of electronically transmitted fingerprints at DCJS, for the arraignment.

b. If the technology is not available to transmit fingerprints electronically to DCJS and to ensure that the fingerprint-based rapsheet is available at arraignment, the court (and defendant or defense attorney via the court) and prosecutor should temporarily use the non-fingerprint-based Name Search (Inquiry) rapsheet obtained through a NYSPIN terminal or electronically through a computer, for an arraignment involving fingerprintable offenses. The non-fingerprint-based rapsheet should be destroyed and replaced with the fingerprint-based rapsheet when it is received.

2. Monitoring Completeness and Accuracy of Rapsheet

a. Upon receipt of a rapsheet, each recipient should review it for accuracy as to their particular reported action. If errors or omissions are noticed, or the information did not associate to the appropriate arrest, notify New York State Division of Criminal Justice Services, Office of Operations, Criminal History Bureau, Alfred E. Smith Building 80 South Swan St. Albany, New York 12210 to correct the information. Notification may also be made by phoning the DCJS Customer Service Contact Center at 518-457-5837 or 1-800-262-3257.

3. Rapsheet Use, Dissemination and Destruction

a. Each agency should develop and uniformly apply a written policy consistent with the Rapsheet Use and Dissemination agreement signed with DCJS.

b. The rapsheet:

• is a confidential document and is not to be made available to the public.

• must not be used for any purpose other than the decision point for which it was originally obtained.

c. If requested electronically through NYSPIN or DCJS Secure Services, the ORI of the agency using the rapsheet must be used to make the request.

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