CPL 160

A set of vocabulary flashcards covering the New York Criminal Procedure Law (CPL) Article 160 regarding fingerprinting, DCJS duties, and various sealing and expungement procedures.

CPL $160.10$

The statute governing the mandatory and discretionary fingerprinting and photographing of a defendant after arrest or arraignment.

Mandatory Fingerprinting

Required under CPL $160.10$ for a felony, a Penal Law misdemeanor, or a misdemeanor outside the Penal Law treated as a felony due to a prior conviction.

Discretionary Fingerprinting

Permitted when an officer cannot determine a person's identity, believes the identification provided is false, or believes the person is wanted for another offense.

DCJS (Division of Criminal Justice Services)

The state agency responsible for classifying fingerprints, searching for criminal history, and issuing certified criminal history reports.

Presumptive Evidence

The legal status of a certified DCJS report, meaning its contents are accepted as accurate unless rebutted.

CPL $160.40$

Requires police to promptly send the criminal history report to the district attorney and $2$ copies to the court; the court then provides a copy to the defense.

CPL $160.45$

Prohibits law enforcement from requesting or requiring a victim of a sexual assault or incest (Penal Law Article $130$, $255.25$, $255.26$, or $255.27$) to take a polygraph or psychological stress evaluator test.

CPL $160.50$

The statute requiring records to be sealed and biometric data to be destroyed or returned when a criminal action terminates in favor of the accused.

Termination in Favor of the Accused

Situations including dismissal of charges, acquittal, vacated convictions without a new trial, grand jury dismissals, or a prosecutor's decision not to proceed.

CPL $160.55$

Requires sealing of records and destruction/return of biometric data when a case ends in a conviction for a noncriminal offense, such as a violation or traffic infraction.

VTL § $1192(1)$ (DWAI)

A conviction for Driving While Ability Impaired which is specifically excluded from sealing under CPL $160.55$.

CPL $160.57$

Provides for the automatic sealing of most misdemeanor convictions after $3$ years and most felony convictions after $8$ years from sentencing or release from incarceration.

CPL $160.58$

Governs conditional sealing for defendants who successfully complete a judicial diversion or court-approved drug treatment program for eligible drug-related offenses.

Conditional Sealing Revocation

Under CPL $160.58$, sealed records are immediately unsealed if the defendant is later arrested or formally charged with a misdemeanor or felony.

CPL $160.59$

Provides discretionary judicial sealing for up to $2$ eligible convictions (maximum of $1$ felony) after a $10$-year waiting period.

Ineligible Offenses under CPL $160.59$

Includes sex offenses, homicide felonies, violent felony offenses, most Class A felonies, and offenses requiring sex offender registration.

Legal Nullity

Under CPL $160.60$, the legal status of an arrest and prosecution once a case terminates in favor of the accused, treating it as though it never occurred.

DCJS Biometric Retention

Under CPL $160.58$ and $160.59$, fingerprints and photographs are retained by the agency even if the associated criminal records are sealed.

Automatic Marijuana Relief

Provisions under CPL $160.50$ for the automatic vacatur, dismissal, and expungement of specific marijuana-related convictions which cannot be waived in a plea agreement.