N.Y. Comp. Codes R. & Regs. tit. 9 § 6050.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 6050.2 - Person's right to challenge own record

(a) A person, or a person's attorney who has been duly authorized in writing, may challenge the completeness or accuracy of criminal history record information pertaining to such person by executing a "Statement of Challenge," on forms provided by DCJS, indicating the precise nature of the alleged omission or error, and by filing such Statement of Challenge, by mail or otherwise, with DCJS. In support of the challenge, the person, or the person's attorney who has been duly authorized in writing, may submit any documentation he/she desires and must submit any relevant documentation required by DCJS, including an original or certified copy of a certificate of disposition.

(b) DCJS shall act upon challenges filed pursuant to subdivision (a) of this section within a reasonable time after receipt of all required documentation in support of the person's claim. If the challenge is found to be substantiated by the Director of the Office of Operations, or his/her designee, DCJS shall make the appropriate corrections to the individual's criminal history record information. Upon making such corrections, or upon determining that a challenge is unsubstantiated, DCJS shall provide written notice to the person, or the person's attorney.

(c) After making corrections to its criminal history record information pursuant to a successful challenge, DCJS shall forward the same corrections to those authorized user agencies that were listed on the person's Statement of Challenge or have been requested, in writing by the person, to be notified and direct that such agencies' records be modified to conform with the corrected information.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6050.2