Section 160.55. Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings

1.  Upon  the termination of a criminal action or proceeding against a
  person by the conviction of such person of a  traffic  infraction  or  a
  violation, other than a violation of loitering as described in paragraph
  (d)  or  (e) of subdivision one of section 160.10 of this chapter or the
  violation of  operating  a  motor  vehicle  while  ability  impaired  as
  described in subdivision one of section eleven hundred ninety-two of the
  vehicle  and  traffic law, unless the district attorney upon motion with
  not less than five days notice to such person or  his  or  her  attorney
  demonstrates  to  the  satisfaction  of  the court that the interests of
  justice require otherwise, or the court on its own motion with not  less
  than  five  days notice to such person or his or her attorney determines
  that the interests of justice require otherwise and states  the  reasons
  for  such  determination  on  the record, the clerk of the court wherein
  such criminal action or  proceeding  was  terminated  shall  immediately
  notify the commissioner of the division of criminal justice services and
  the   heads   of  all  appropriate  police  departments  and  other  law
  enforcement agencies  that  the  action  has  been  terminated  by  such
  conviction. Upon receipt of notification of such termination:
    (a)  every  photograph of such person and photographic plate or proof,
  and all palmprints  and  fingerprints  taken  or  made  of  such  person
  pursuant  to  the  provisions of this article in regard to the action or
  proceeding terminated, and all duplicates and copies thereof,  except  a
  digital  fingerprint image where authorized pursuant to paragraph (e) of
  this subdivision, shall forthwith be, at the discretion of the recipient
  agency, either destroyed or returned to such person, or to the  attorney
  who represented such person at the time of the termination of the action
  or  proceeding,  at  the address given by such person or attorney during
  the action or proceeding, by the division of criminal  justice  services
  and  by  any police department or law enforcement agency having any such
  photograph, photographic plate or proof, palmprints or  fingerprints  in
  its possession or under its control;
    (b)  any  police  department  or law enforcement agency, including the
  division of criminal justice services, which  transmitted  or  otherwise
  forwarded to any agency of the United States or of any other state or of
  any  other jurisdiction outside the state of New York copies of any such
  photographs, photographic plates or proofs, palmprints and fingerprints,
  shall forthwith formally request in writing  that  all  such  copies  be
  destroyed or returned to the police department or law enforcement agency
  which   transmitted  or  forwarded  them,  and  upon  such  return  such
  department or agency shall, at its discretion, either destroy or  return
  them as provided herein;
    (c)  all  official  records  and  papers  relating  to  the  arrest or
  prosecution, including all duplicates and copies thereof, on  file  with
  the   division   of   criminal   justice  services,  police  agency,  or
  prosecutor's office shall be sealed and not made available to any person
  or public or private agency;
    (d) the records referred to in paragraph (c) of this subdivision shall
  be made available to the person accused or to such  person's  designated
  agent, and shall be made available to (i) a prosecutor in any proceeding
  in  which  the accused has moved for an order pursuant to section 170.56
  or 210.46 of this chapter, or (ii) a  law  enforcement  agency  upon  ex
  parte  motion  in any superior court, if such agency demonstrates to the
  satisfaction of the court that justice requires  that  such  records  be
  made available to it, or (iii) any state or local officer or agency with
  responsibility  for  the  issuance of licenses to possess guns, when the

  accused has made application for such a license, or (iv)  the  New  York
  state division of parole when the accused is under parole supervision as
  a  result  of  conditional  release or parole release granted by the New
  York  state  board  of parole and the arrest which is the subject of the
  inquiry  is  one  which  occurred  while  the  accused  was  under  such
  supervision, or (v) the probation department responsible for supervision
  of  the  accused  when the arrest which is the subject of the inquiry is
  one which occurred while the accused was under such supervision; and
    (e) where fingerprints subject to the provisions of this section  have
  been received by the division of criminal justice services and have been
  filed  by  the  division as digital images, such images may be retained,
  provided that a fingerprint card of the individual is on file  with  the
  division which was not sealed pursuant to this section or section 160.50
  of this article.
    2.    A  report  of  the  termination  of  the action or proceeding by
  conviction of a traffic violation or a violation other than a  violation
  of  loitering as described in paragraph (d) or (e) of subdivision one of
  section 160.10 of this chapter or the violation  of  operating  a  motor
  vehicle  while  ability  impaired  as  described  in  subdivision one of
  section eleven hundred ninety-two of the vehicle and traffic law,  shall
  be  sufficient  notice of sealing to the commissioner of the division of
  criminal justice services unless the  report  also  indicates  that  the
  court  directed  that  the  record  not  be  sealed  in the interests of
  justice. Where the court has determined pursuant to subdivision  one  of
  this  section that sealing is not in the interests of justice, the clerk
  of the court shall include notification of  that  determination  in  any
  report to such division of the disposition of the action or proceeding.
    3.  A  person  against  whom  a  criminal  action  or  proceeding  was
  terminated by such  person's  conviction  of  a  traffic  infraction  or
  violation  other than a violation of loitering as described in paragraph
  (d) or (e) of subdivision one of section 160.10 of this chapter  or  the
  violation  of  operating  a  motor  vehicle  while  ability  impaired as
  described in subdivision one of section eleven hundred ninety-two of the
  vehicle and traffic law, prior to the effective date  of  this  section,
  may  upon  motion apply to the court in which such termination occurred,
  upon not less than twenty days notice to the district attorney,  for  an
  order granting to such person the relief set forth in subdivision one of
  this  section,  and  such  order  shall  be  granted unless the district
  attorney  demonstrates  to  the  satisfaction  of  the  court  that  the
  interests of justice require otherwise.
    4.  This  section  shall not apply to an action terminated in a manner
  described in paragraph (k) of subdivision two of section 160.50 of  this
  chapter.
    5.  (a)  When  a criminal action or proceeding is terminated against a
  person by the entry of a waiver of a hearing pursuant to  paragraph  (c)
  of  subdivision  ten of section eleven hundred ninety-two of the vehicle
  and traffic law or section  forty-nine-b  of  the  navigation  law,  the
  record  of  the  criminal action shall be sealed in accordance with this
  subdivision.  Upon the entry of such  waiver, the court or the clerk  of
  the  court  shall immediately notify the commissioner of the division of
  criminal justice services  and  the  heads  of  all  appropriate  police
  departments  and  other  law enforcement agencies that a waiver has been
  entered and that the record of the  action  shall  be  sealed  when  the
  person  reaches  the  age  of twenty-one or three years from the date of
  commission of the offense, whichever is the greater period of time.   At
  the  expiration  of  such  period,  the  commissioner of the division of
  criminal justice services  and  the  heads  of  all  appropriate  police
  departments  and  other  law enforcement agencies shall take the actions

  required by paragraphs (a), (b) and (c) of subdivision  one  of  section
  160.50 of this article.
    (b)  Where  a  person  under  the age of twenty-one is referred by the
  police to the department  of  motor  vehicles  for  action  pursuant  to
  section  eleven  hundred ninety-two-a or eleven hundred ninety-four-a of
  the vehicle and traffic law, or section forty-nine-b of  the  navigation
  law  and a finding in favor of the motorist or operator is rendered, the
  commissioner of the department of  motor  vehicles  shall,  as  soon  as
  practicable,  but not later than three years from the date of commission
  of the offense or when  such  person  reaches  the  age  of  twenty-one,
  whichever  is the greater period of time, notify the commissioner of the
  division of criminal justice services and the heads of  all  appropriate
  police  departments and other law enforcement agencies that such finding
  in favor of the motorist or operator was rendered. Upon receipt of  such
  notification,  the  commissioner  of  the  division  of criminal justice
  services and  the  heads  of  such  police  departments  and  other  law
  enforcement  agencies shall take the actions required by paragraphs (a),
  (b) and (c) of subdivision one of section 160.50 of this article.
    (c) Where a person under the age of  twenty-one  is  referred  by  the
  police  to  the  department  of  motor  vehicles  for action pursuant to
  section eleven hundred ninety-two-a or eleven hundred  ninety-four-a  of
  the  vehicle  and traffic law, or section forty-nine-b of the navigation
  law, and no notification is received by the commissioner of the division
  of criminal justice services and the heads  of  all  appropriate  police
  departments and other law enforcement agencies pursuant to paragraph (b)
  of  this  subdivision,  such  commissioner  of  the division of criminal
  justice services and such heads of  police  departments  and  other  law
  enforcement   agencies  shall,  after  three  years  from  the  date  of
  commission of the  offense  or  when  the  person  reaches  the  age  of
  twenty-one,  whichever  is  the greater period of time, take the actions
  required by paragraphs (a), (b) and (c) of subdivision  one  of  section
  160.50 of this article.