The Integrity News
Vol. XII No. 22
ISSN 1081-2717
July 23, 2003
"objective risk management services"
July 23, 2003
The situation regarding criminal conviction
histories in New York counties has been
developing rapidly over the last few weeks.
The Integrity Center feels that it is very
important to get the latest word out as of
today so that our thousands of subscribers
can be aware of what is going on.
The OCA ( Office of the Court Administrator, a State
government office) has in the past provided court
record searches for all the boroughs of Manhattan
and a few other counties in New York. The records
searches by the OCA previously had an access fee of
$16.00 per name, per county, and included both a felony
and a misdemeanor court record search in the subject
county.
However, the OCA has recently announced that it will
no longer provide the county level record searches, but
will INSTEAD provide a New York statewide search
that is intended to cover all 62 counties. This new
statewide search will have a new access fee of $52.00
per name.
The 24 previously available boroughs/counties effected
by this change are:
Allegany, Bronx, Cayuga, Cortland, Delaware, Dutchess,
Erie, Fulton, Hamilton, Kings, Montgomery, Nassau,
New York, Orange, Orleans, Putman, Queens, Richmond,
Rockland, Suffolk, Sullivan, Tioga, Ulster, and Westchester.
The remaining 38 New York counties will continue to
provide county level felony and misdemeanor searches,
for their currently applicable access fee, if any, until
further notice.
If a criminal background check is required for any of the
above listed counties, then, except as noted below, you
must submit a “Statewide” criminal request for the State
of New York. The charge will be the statewide criminal
conviction history search fee as listed for a Statewide
Criminal History Check in your company's discount
schedule, plus the new access fee of $52.00.
The New York statewide search which is intended to
cover all 62 counties, each for a minimum of 7 years, will
provide ONLY felony and misdemeanor convictions,
and only from those counties reporting. The reports
will NOT include: (1) the disposition of dismissed cases,
(2) Nolle Prossed cases (cases not prosecuted), (3)
Youthful Offender Act cases, or (4) Withdrawn cases.
And, if records are in fact located, the OCA will NOT
provide any information about which county the record
or records came from.
It should be noted that the OCA is in the process of
rolling this new program out across all the counties in
the State of New York. The reception from the County
Court Clerks is mixed, and the situation is very fluid.
It is believed that the OCA wants the counties to stop
allowing the public to have access to criminal court
records.
In addition, within the group of 24 counties noted above,
the following boroughs/counties have not yet restricted
public access, and still allow court record searches, but
FOR FELONY CASES ONLY, and with no access fee.
Dutchess, Orange, Rockland, Suffolk, Sullivan, Ulster,
and Westchester.
We understand that you will be concerned about the
financial implications of this development. Please
understand that we too are concerned because of the
increased amount of cash that we will have advanced
to the clerks of the courts on behalf of our clients. This
development reminds us of why we have always asked
that our invoices be in your next 15 day payment cycle.
Please realize that this is a developing story. Feel free
to call The Integrity Center at (972) 484-6140 to get the
latest information on the criminal conviction history
record situation in the State of New York.
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