Judicial Processing - DCJS Criminal History Report(Rapsheet) - Rapsheet Use, Dissemination and Destruction

1. Each agency should develop and uniformly apply a written policy consistent with the Rapsheet Use and Dissemination Agreement.

2. The court must provide a rapsheet to the defendant or the defense counsel upon receipt thereof pursuant to Criminal Procedure Law 160.40.

3. The rapsheet is a confidential document. Do not include it in the court record made available to the public.

4. Do not use the rapsheet for any purpose other than the decision point for which it was originally obtained. A current report should be obtained for any subsequent decision making.

5. Courts may request a current criminal history at any stage before final disposition or termination of a revocable sentence.

6. Destroy the rapsheet 30 days after the filing of a judgment, unless a notice of appeal has been filed. If a notice of appeal has been filed, retain the rapsheet for the duration of the appeal.

7. The prosecutor and court may request that notices of subsequent arrest be generated and forwarded to the trial courts and prosecutor for cases involving:

a. Revocable Sentences (Penal Law Sections 65 and 65.10)

b. Adjournment in Contemplation of Dismissal

c. Warrant Issuance

d. Interim Supervision

e. Diversion

f. All Pending Cases

8. Courts should not share the rapsheet with other agencies unless authorized to do so by statute or the DCJS Use and Dissemination Agreement.

9. If a rapsheet is obtained through a NYSPIN terminal for use by another agency, the ORI number of the agency for whom the rapsheet is being requested should be used.

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