Obtaining your criminal record
The New York State Division of Criminal Justice Services displays personal criminal history records that can be accessed for agency purposes such as job or license applications. On the basis of New York Code of Rules and Regulations Part 6050.1 and the New York State Division of Criminal Justice Services (DCJS), citizens and their attorneys are able to get certain information. This information can be either represented by copies of all criminal history data held on file or a response telling them that there is no criminal history information on file under their names. These criminal history record reports can feature data such as employment, licensing, fingerprints and events. The "no record" type of response, together with the actual existing report, can be used for any personal reason by these people. A record review response is not capable of successfully replacing a background check that is based on fingerprint-supported criminal history.
Such checks can be used for employment or licensing purposes, but they can also serve the purposes of New York state, federal or local law enforcement agencies. As a side note, you should know that it is not possible to demand a personal record review for a person other than yourself.
Also, if you suspect the fact that you may have criminal history data under more than one name in a database, you should include the additional information on your application form and fingerprint card. This way, you should more easily locate those extra sealed records that might not be supported by your fingerprints. Employers need to know that the New York State Labor Law 201-f obliges them to post in an accessible place for their employees a copy of Correction Law Article 23-A. This article talks about the best ways to handle the matters of licensure and employment of criminal offense convicted citizens.
If you are a resident of the state of New York, you are going to have to request a public record review by following the steps:
- Start by contacting the MorphoTrust USA, which is a vendor under a state contract. Call this toll free number 1-877-472-6915 or visit the official website at: www.l1enrollment.com and schedule an appointment to have your fingerprints taken.
- Make sure that you glance at the Request for MorphoTrust USA Fingerprinting Services – NYS Division of Criminal Justice Services Record Review Program form and know exactly what type of information that will be asked of you.
- Make sure you write down the Record Review ORI Number – NYDCJSPRY – which has to be listed.
- If it's more convenient, ask for your records to be sent directly to your attorney.
- Prepare and provide two forms of identification.
- Cover the fee required for fingerprinting purposes ($60.75) consisting of the DCJS Record Review Fingerprint Fee, which is $50 and the MorphoTrust USA processing fee, which $10.75.
If you live outside the state of New York, you are going to have to contact the DCJS Record Review Unit in order to ask for an out-of-state record review application package. You can either call these numbers: (518) 485-7675, (518) 457-9847 or 1-800-262-3257 and get in touch with the DCJS Customer Contact Center or send an email to this address: RecordReview et dcjs.ny.gov. You can also use traditional mailing services and send the request to the following address: DCJS Record Review Unit, New York State Division of Criminal Justice Services, 4 Tower Place, 5th Floor, Albany, New York, 12203-3764. Canadian residents have the opportunity to request an application packet by calling 1-800-749-7554 or visiting an L-1 Identity Solutions website. Then you are going to have to complete the "Request for L-1 Cardscan Fingerprinting Services – NYS Division of Criminal Justice Services Record Review Program" application and mail it to MorphoTrust USA together with your fingerprints and additional information. The total fee is $60.75. You can also contact DCJS and ask for a Record Review Fee Waiver application packet.