Judicial Processing - Processing A Case - Indictments Following Local Court Dismissal and Seal

Authority: Criminal Procedure Law Sections 130.60, 150.70 and 160.10.

1. When charges are dismissed and sealed in a local court, and the prosecutor subsequently presents the same allegations, enhanced or not, to the Grand Jury, resulting in filing of an indictment and arraignment in a superior court, the following must occur:

a. The prosecutor must notify that superior court that fingerprinting is required.

b. That court must order the fingerprinting once so notified by the prosecutor, or once the judge becomes aware that fingerprinting has not occurred.

c. The court must use the Criminal Justice Tracking Number (CJTN) associated with the new arrest for reporting action on the Indictment.

d. The court may not use the Criminal Justice Tracking Number (CJTN) from any prior arrest in reporting action on the Indictment.

e. Upon receipt of any court information reported with a Criminal Justice Tracking Number (CJTN) that had been previously sealed, DCJS should contact the court, prosecutor and arresting agency to ensure that a new set of fingerprints are taken. The court should include the new Criminal Justice Tracking Number (CJTN) on all subsequent reports.

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