Fingerprinting; duties of division of criminal justice services

§ 160.30 Fingerprinting; duties of division of criminal justice

services.

1. Upon receiving fingerprints from a police officer or agency
pursuant to section 160.20 of this chapter, the division of criminal
justice services must, except as provided in subdivision two of this
section, classify them and search its records for information concerning
a previous record of the defendant, including any adjudication as a
juvenile delinquent pursuant to article three of the family court act,
or as a youthful offender pursuant to article seven hundred twenty of
this chapter, and promptly transmit to such forwarding police officer or
agency a report containing all information on file with respect to such
defendant's previous record, if any, or stating that the defendant has
no previous record according to its files. Such a report, if certified,
constitutes presumptive evidence of the facts so certified.

2. If the fingerprints so received are not sufficiently legible to
permit accurate and complete classification, they must be returned to
the forwarding police officer or agency with an explanation of the
defects and a request that the defendant's fingerprints be retaken if
possible.