§ 138 — Access to criminal history information through the division of criminal justice services

New York § 138

• Jurisdiction: New York
• Law CAN: Cannabis
• Art. 6: General Provisions

Text

§ 138. Access to criminal history information through the division of\ncriminal justice services. In connection with the administration of this\nchapter, the board is authorized to request, receive and review criminal\nhistory information through the division of criminal justice services\nwith respect to any person seeking a registration, license, permit or\nauthorization to cultivate, process, distribute or sell medical\ncannabis, adult-use cannabis, cannabinoid hemp or hemp extract. At the\nboard's request, each person, member, principal and/or officer of the\napplicant shall submit to the board his or her fingerprints in such form\nand in such manner as specified by the division, for the purpose of\nconducting a criminal history search identifying criminal convictions\nand pending criminal charges and returning a report thereon in\naccordance with the procedures and requirements established by the\ndivision pursuant to the provisions of article thirty-five of the\nexecutive law, which shall include the payment of the reasonable\nprescribed processing fees for the cost of the division's full search\nand retain procedures and a national criminal history record check. The\nboard, or their designee, shall submit such fingerprints and the\nprocessing fee to the division. The division shall forward to the board\na report with respect to the applicant's previous criminal history, if\nany, or a statement that the applicant has no previous criminal history\naccording to its files. Fingerprints submitted to the division pursuant\nto this subdivision may also be submitted to the federal bureau of\ninvestigation for a national criminal history record check. If\nadditional copies of fingerprints are required, the applicant shall\nfurnish them upon request. Upon receipt of such criminal history\ninformation, the board shall provide such applicant with a copy of such\ncriminal history information, together with a copy of article\ntwenty-three-A of the correction law, and inform such applicant of his\nor her right to seek correction of any incorrect information contained\nin such criminal history information pursuant to regulations and\nprocedures established by the division of criminal justice services.\n