Criminal history record searches; undisposed cases

§ 845-c. Criminal history record searches; undisposed cases. 1. When,
pursuant to statute or the regulations of the division, the division
conducts a search of its criminal history records and returns a report
thereon, all references to undisposed cases contained in such criminal
history record shall be excluded from such report.

2. For purposes of this section, "undisposed case" shall mean a
criminal action or proceeding identified in the division's criminal
history record repository, for which there is no record of an unexecuted
warrant of arrest, superior court warrant of arrest, or bench warrant,
and for which no record of conviction or imposition of sentence or other
final disposition, other than the issuance of an apparently unexecuted
warrant, has been recorded and with respect to which no entry has been
made in the division's criminal history records for a period of at least
five years preceding the issuance of such report. When a criminal action
in the division's criminal history record repository becomes an
undisposed case pursuant to this section, and the action involves class
A charges, charges under article one hundred twenty-five of the penal
law, or felony charges under article one hundred thirty of the penal
law, the division shall notify the district attorney in the county which
has jurisdiction. If the district attorney notifies the division that
such case is pending and should not meet the definition of an undisposed
case, the case shall not be excluded from such report. If the division
does not receive a response from the district attorney within six months
of providing notice, the case shall be excluded from such report.

3. The provisions of subdivision one of this section shall not apply
to criminal history record information: (a) provided by the division to
qualified agencies pursuant to subdivision six of section eight hundred
thirty-seven of this article, or to federal or state law enforcement
agencies, for criminal justice purposes; (b) prepared solely for a bona
fide research purpose; or (c) prepared for the internal record keeping
or case management purposes of the division.