New York

CNCS provides this state by state guide for informational purposes only and makes reasonable efforts to ensure the quality of the information. You are responsible for determining the suitability of the information and your use of the information in this guide, and for compliance with NSCHC requirements (45 CFR 2540.200 - .207). CNCS makes no express or implied warranty, no representation, nor assumes any legal liability or responsibility for the accuracy, correctness, timeliness, or completeness of any information in, or available through, this guide. The information in this guide is presented in good faith and believed to be correct. You assume the risk of relying on the information contained in this guide. Links to non-CNCS websites are provided for informational purposes only.

CNCS is not responsible for the content of non-CNCS websites. CNCS neither endorses the information, content, presentation, or accuracy nor makes any express or implied warranty regarding external websites or any commercial product or service.

If you identify information that is outdated, please notify us at CHC@cns.gov.

New York is a closed records state.
Some form of criminal history information is open to the public in “open records” states. In “closed records” states, access to criminal history information is not generally available to the public, but is available to authorized entities (e.g. law enforcement agencies).
 

Contact Information

NY State Division of Criminal Justice Services 
518-457-5837 or 1-800-262-3257
 

State Checks 

General Information on State Checks:

  • While two options for types of state checks are listed below, name-based and fingerprint-based, only one type of state check is required. CNCS does not recommend one of these checks over the other. Either the name-based state check or the fingerprint-based state check is acceptable.
  • Please note that to be in compliance with CNCS requirements, recipients may have to conduct checks in up to two states: the  state of service/work check on individuals in covered positions, as well as a state of residence check (i.e. if the state of residence is different from the state of service/work at the time of application).


Name-Based State Checks

Available from: NY State Division of Criminal Justice Services, Office of Operations and Systems
 
What is released: A “no record” response or criminal history information on the individual, which could include arrest/charge information, court case information, incarceration information, parole information,  and/or probation information. The amount of information released depends on who made the request, the reason for the request, and the status of the records being requested. 
 
Cost: $59.95 (this is a name-based and fingerprint-based check in one)
 
How long does it take to obtain results? Approximately 7 – 10 business days
 
Available to: Access to criminal history record information for employment or licensing is only permitted if there is a state law, federal law, or local law of a New York State village, town, city, or county that specifically authorizes a criminal history record background check. Organizations that do not have statutory authority to access criminal history record information maintained by DCJS can contact one of the Approve Alternative Repositories listed below for more information on obtaining the necessary check(s). 
 

Fingerprint-Based State Checks

Available from: NY State Division of Criminal Justice Services, Office of Operations and Systems
 
What is released: A “no record” response or criminal history information on the individual, which could include arrest/charge information, court case information, incarceration information, parole information,  and/or probation information. The amount of information released depends on who made the request, the reason for the request, and the status of the records being requested.
 
Cost: $75.00 (An additional fee may apply if an organization chooses to use MorphoTrust USA to submit fingerprints to DCJS. See additional notes section for at the end of this section for MorphoTrust USA contact information.)
 
How long does it take to obtain results? For electronic submission, typically within 2 business days of receipt. Hard-copy requests can take up to five business days. 
 
Available to: Access to criminal history record information for employment or licensing is only permitted if there is a state law, federal law, or local law of a New York State village, town, city, or county that specifically authorizes a fingerprint-based criminal history record background check. Organizations that do not have statutory authority to access criminal history record information maintained by DCJS can contact one of the Approve Alternative Repositories listed below for more information on obtaining the necessary check(s).
 
Additional notes: MorphoTrust USA handles fingerprinting. Call 1-877-472-6915 or visit them online, http://www.morphotrust.com/. You must provide one of the following Personal Record Review service codes: 15464Z for a suppressed record; 15465F for an unsuppressed record. (An unsuppressed response contains all criminal history records, including those suppressed or sealed under New York State Criminal Procedure Law, which includes dismissed cases, eligible violation/infraction convictions, eligible substance abuse and related convictions, youthful offender adjudications, and individual charges dismissed in court and the equivalent arrest charges, if the case was disposed on or after November 1, 1991. A suppressed response does not include sealed or suppressed information, as noted above.)
 
Fingerprint criminal history checks only provide arrest information from New York State. 
 

Approved Alternative Repositories 

State repositories are institutions that house and maintain the arrest and disposition (or outcome) information for cases handled in that state. Each state has a central repository, and CNCS has designated one in each state that grantees must use. In some cases, generally when a different institution is able to provide information that is equivalent to what is provided by the state repository, CNCS may designate them as an Approved Alternative Repository.
New York State Office of Court Administration (OCA) http://www.nycourts.gov/apps/chrs/ provides a New York Statewide criminal history record search (CHRS) for a fee of $65.00. You can submit a CHRS request via our on-line Direct Access program or by mailing in a CHRS application form. The search criteria is strictly based on an exact match of Name and DOB; variations of Name or DOB are not reported.
 
Go Pass: Eligible grantees may rely on clearances issued by the Go Pass system, operated via a partnership between NYC Service and the NYC Department of Education, for New York State and FBI checks. This system documents fingerprint-based New York state-level criminal history information and nationwide FBI checks. To satisfy CNCS regulations on retaining check results, grantees must retain a dated printout of the Go Pass system query reflecting that an individual’s cleared status existed at the time the print-out was produced. 
 
PETS: Eligible grantees may rely on clearances issued by the New York City Department of Education’s Personnel Eligibility Tracking System (PETS) for New York State and FBI checks. Grantees must retain a dated printout or screenshot reflecting the individual’s “Satisfactory” clearance and the individual’s Fingerprint / DOE Record details when offenses are identified.
 

FBI Checks 

 
State Repository Provides FBI Checks: Not for all organizations—only for those with statutory authorization
 
Available to: Only organizations that are authorized by state law to access the FBI through DCJS may submit fingerprints for an FBI check.  
 
CNCS FBI Channeler:  Organizations that cannot successfully use the state repository for FBI checks may use CNCS’s FBI-approved Channeler, Fieldprint, for FBI checks. 
 
Cost: The cost for one FBI check through Fieldprint is $27.50. 
 
How long does it take to receive results? The majority of checks conducted electronically take no more than two business days from the date the fingerprints are captured. If an applicant does not live near a Fieldprint livescan location and fingerprints must be taken manually and mailed, it will take longer to receive the results. See the Fieldprint Guide and FAQ (linked below) for more information.
 
More information
Fieldprint Guide and FAQs: https://www.nationalservice.gov/FBIGuidance (see document, “Using Fieldprint as an FBI Channeler – A Guide for CNCS Recipients”)
Fieldprint website: http://www.fieldprintcncs.com/ 
 

NSOPW (National Sex Offender Public Website) Check

A required component of the NSCHC is a nationwide check of NSOPW.gov before an individual begins work or service in a covered position. Please note that a compliant nationwide NSOPW check must include reports from all states, territories, and tribes. If any state, territory, or tribe is unavailable at the time the NSOPW check is conducted, you must either run a nationwide NSOPW check again through NSOPW.gov and ensure that all entities are reporting, or run a separate check for each entity that is not reporting through the state sex offender registry website.

Please note that a check of a single state’s sex offender registry alone is not sufficient to meet the requirements of the nationwide NSOPW check requirement. The information provided in the State Sex Offender Registry Information section is for reference purposes only in the event that a single state sex offender registry check is necessary to supplement an incomplete nationwide NSOPW check.

 

State Sex Offender Registry Information

New York Sex Offender Registry: http://www.criminaljustice.ny.gov/nsor/ 
 

Individuals Requesting Criminal History Records (versus Organizations)

Option 1: GoPass (only for those serving in the five boroughs)
Go to http://www1.nyc.gov/nyc-resources/service/1769/go-pass and select “Get Go Pass information for volunteers”
Applying for a Go Pass is a four-step process:
1. Your sponsoring organization adds you to their Go Pass roster. They will need your full legal name, Social Security Number, date of birth, and contact information.
2. You complete the online application forms in the Applicant Gateway
3. You get fingerprinted and photographed in person
4. You pass a criminal background check
There is a one-time, non-refundable $60 fee for the fingerprinting and background check, which is often paid by the sponsoring organization. There are no other fees for participating in the program. To get started, go to the Applicant Gateway page. 
 
Note: To satisfy CNCS regulations on retaining check results, grantees must retain a dated printout of the Go Pass system query reflecting that an individual’s cleared status existed at the time the print-out was produced. 
 
Option 2: To request a public record review while living in New York State:  
1. Contact MorphoTrust USA – vendor under a state contract – by calling 1-877-472-6915 (toll free) or by visiting the website to schedule an appointment for fingerprinting. 
2. The Request for MorphoTrust USA Fingerprinting Services – NYS Division of Criminal Justice Services Record Review Program form describes the information that will be requested when you schedule an appointment. 
3. In completing that information, please note: 
a. You must provide one of the following Personal Record Review service codes: 15464Z for a suppressed record; 15465F for an unsuppressed record. (An unsuppressed response contains all criminal history records, including those suppressed or sealed under New York State Criminal Procedure Law, which includes dismissed cases, eligible violation/infraction convictions, eligible substance abuse and related convictions, youthful offender adjudications, and individual charges dismissed in court and the equivalent arrest charges, if the case was disposed on or after November 1, 1991. A suppressed response does not include sealed or suppressed information, as noted above.)
b. You may request that your response be sent to the organization rather than to yourself. 
4. When you arrive for your fingerprinting appointment, you must: 
a. Provide two forms of identification (information on acceptable forms are available on the MorphoTrust USA website or from the MorphoTrust USA call Center); AND 
b. Pay the $60.75 fee for fingerprinting services (this includes Department of Criminal Justice Services Record Review Fingerprint Fee of $50.00 plus the MorphoTrust USA processing fee of $10.75), using a personal or business check, certified check, bank check, money order, cash, or credit card made out to “MorphoTrust USA.” 
 
Upon completion of your MorphoTrust USA Fingerprint appointment: 
You may verify that your fingerprint transaction has been submitted to DCJS by calling MorphoTrust USA at 1-877-472-6915 (toll free number). 
DCJS will mail your response to via U.S. mail seven to ten business days after receipt of the fingerprints. Responses cannot be picked up from DCJS. Returned check results must be sealed and brought to your program to ensure chain of custody. 
The response may include criminal, civil, or no record information. A form explaining how to challenge any reported information will also be included with the response. This link provides you with guidelines to expedite your request to challenge your record. 


Revised as of 10/24/2017
 

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