Prosecutorial Processing - Criminal Case Processing - Closure of the Entire Case or Specific Charges

1. Declining to Prosecute a Case Prior to Arraignment

Authority: Criminal Procedure Law 160.50(3)(i).

a. Employ a system to ensure the arrest is sealed in accordance with Criminal Procedure Law 160.50 by notifying DCJS and the arresting agency.

b. Send the seal order or the DCJS-1975 Sealing Order Form to New York State Division of Criminal Justice Services, Office of Operations, Criminal History Bureau, Sealing Unit, Alfred E. Smith Building 80 South Swan St. Albany, New York 12210.

c. Forward the seal information to UCS in order to close out the arrest previously forwarded by DCJS.

d. Notify the arresting agency.

2. Closure of Specific Arrest Charges That Will Not Be Included in the Accusatory Instrument

a. Employ a system to ensure a specific charge(s) is closed at DCJS on the criminal history record when the decision has been made not to prosecute specific charge(s) in a case.

b. Send a notification to New York State Division of Criminal Justice Services, Office of Operations, Criminal History Bureau, CDR Processing Unit, Alfred E. Smith Building 80 South Swan St. Albany, New York 12210.

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