Arrest Processing - Following Rapsheets and Modifications to Arrests - Subsequent Notifications of Modifications to Arrests

1. Additions or Modifications to DCJS Criminal History Records

Authority: DCJS regulations.

a. After transmitting the Arrest Fingerprints to DCJS, arresting agencies should report added or revised information arising from that arrest to DCJS.

b. An arresting agency should not submit additional charges stemming from unrelated incidents as a supplement to the charges reported with the original Fingerprints. (An incident occurring prior to another crime or series of crimes, for which a warrant may be lodged and discovered at the time of a crime spree, is unrelated and should be submitted as a separate arrest.)

c. DCJS should be notified at the Office of Operations, Criminal Identification Bureau, Alfred E. Smith Building 80 South Swan St. Albany, New York 12210 by:

• sending a notice on agency letterhead signed by an individual at the rank of Sergeant, or of an equivalent or higher rank. Agencies should provide, at a minimum, the mandatory data elements required by DCJS for the data being submitted, and identifiers to locate the history and arrest event;

2. Closure of Arrest No Longer to Be Referred for Prosecution

Authority: Criminal Procedure Law Section 160.50(3)(j).

a. For arrests where the arresting agency elects not to proceed (pursuant to CPL 160.50) with the arrest after submitting Arrest Fingerprints to DCJS, but prior to arraignment of the defendant in court, the arresting agency should utilize the DCJS-1975 form to notify DCJS, Office of Operations, Criminal History Bureau, Sealing Unit, Alfred E. Smith Building 80 South Swan St. Albany, New York 12210. If the form is not available, notification on agency letterhead should include Name, NYSID Number, Arrest Date, and Criminal Justice Tracking Number (CJTN), and should specify that the records should be sealed under CPL 160.50.

b. The arresting agency should also notify the prosecutor and any other agencies previously notified of the arrest to seal their records.

3. Closure of Specific Offenses Charged at Arrest Which Are Not to Be Pursued Through Arraignment

a. The arresting agency should notify DCJS when specific charges that were included with the arrest fingerprints were not included on the accusatory instrument(s) filed in the court of arraignment.

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