§ 837-M*2 — Criminal history records search for certain employment, appointments, licenses or permits in the city of New York

* § 837-m. Criminal history records search for certain employment,\nappointments, licenses or permits in the city of New York. 1. As used in\nthis section:\n (a) "Department" shall mean the New York city department of\ninvestigation.\n (b) "Applicant" shall mean a person applying for:\n (1) employment with the city of New York in a position providing child\nday care services, as such term is defined in subdivision one of section\nthree hundred ninety of the social services law, or providing such\nservices through an entity pursuant to a contract between such entity\nand the city of New York to provide such services or providing such\nchild day care services through an entity required to have a permit for\nsuch services issued by the health department of the city of New York;\nor\n (2) employment with the department, or appointment to a senior\nposition in an office of an elected official or agency of the city of\nNew York or of a public authority, board, committee, commission, or\npublic benefit corporation, where such person is to be the subject of a\nbackground investigation pursuant to subdivisions (a) and (b) of section\nseven of executive order number sixteen of the mayor of the city of New\nYork dated July twenty-sixth, nineteen hundred seventy-eight, as amended\nby section one of executive order seventy-two of the mayor of the city\nof New York dated April twenty-third, nineteen hundred eighty-four; or\n (3) mayoral appointment as a judge of the New York city criminal court\nor the New York city civil court or the family court of the state of New\nYork within the city of New York; or\n (4) a license, certificate of approval, class A photo identification\ncard or employment, pursuant to the following provisions of the\nadministrative code of the city of New York which require the submission\nof fingerprints:\n A. Title 16-A: New York City Trade Waste Commission Section 16-508(b);\n B. Title 22: Fulton Fish Market Distribution Area and Other Seafood\nDistribution Areas, Section 22-216(a)(1); and\n C. Title 20: Regulation of Shipboard Gambling, Section 20-954(b)(1),\nas added to the administrative code of the city of New York by a\nnineteen ninety-seven local law of the city of New York.\n 2. As a condition of eligibility for such licenses, certificate of\napproval, class A photo identification card, contract to provide\nservices, or employment, the department, appointing or issuing agency\nshall obtain the applicant's fingerprints and submit such fingerprints\nto the division for purposes of determining the criminal history of the\napplicant. The department may submit two sets of fingerprints to the\ndivision.\n 3. The first set of fingerprints received by the division shall be\nused to identify the individual and to conduct a criminal history\nrecords search of the division's New York state files to determine\nwhether such individual has been convicted of a criminal offense in this\nstate. The division shall forward the second set of such individual's\nfingerprints to the federal bureau of investigation for the purpose of a\nnationwide criminal history record check to determine whether such\napplicant has been convicted of a criminal offense in any state or\nfederal jurisdiction.\n 4. The division shall promptly transmit the reports of these New York\nstate and nationwide criminal records searches to the requesting\ndepartment, appointing or issuing agency. Such reports, when received by\nthe requesting department, appointing or issuing agency, shall be marked\nconfidential and securely stored, and shall not be disclosed to any\nperson other than the applicant, although the contents of the report may\nbe disclosed to the agency or agencies whose consideration of such\napplicant prompted the ordering of such reports.\n 5. (a) Each applicant shall sign a release authorizing the department,\nappointing or issuing agency to submit such applicant's fingerprints to\nthe division and to receive the results of such criminal history record\nsearches supplied by the division and the federal bureau of\ninvestigation. Such release, a copy of which shall be supplied to the\napplicant, shall also advise the applicant that a criminal history\nrecord search will be conducted concerning the applicant and that he or\nshe may obtain a copy of his or her criminal history record and seek\ncorrection of any information contained in such record pursuant to\nregulations promulgated by the division.\n (b) Each such applicant shall, in advance, make payment to the\ndivision of any reasonable fee required by law which is reasonably\nrelated to the cost of conducting the searches authorized by this\nsection. All fingerprints supplied by the applicant shall be returned to\nthe applicant upon termination or denial of the license, certificate of\napproval, class A photo identification card, contract to provide\nservices, or employment in connection with which such fingerprints were\nobtained.\n * NB There are 2 § 837-m's\n