§ 138. Access to criminal history information through the division of
criminal justice services. In connection with the administration of this
chapter, the board is authorized to request, receive and review criminal
history information through the division of criminal justice services
with respect to any person seeking a registration, license, permit or
authorization to cultivate, process, distribute or sell medical
cannabis, adult-use cannabis, cannabinoid hemp or hemp extract. At the
board's request, each person, member, principal and/or officer of the
applicant shall submit to the board his or her fingerprints in such form
and in such manner as specified by the division, for the purpose of
conducting a criminal history search identifying criminal convictions
and pending criminal charges and returning a report thereon in
accordance with the procedures and requirements established by the
division pursuant to the provisions of article thirty-five of the
executive law, which shall include the payment of the reasonable
prescribed processing fees for the cost of the division's full search
and retain procedures and a national criminal history record check. The
board, or their designee, shall submit such fingerprints and the
processing fee to the division. The division shall forward to the board
a report with respect to the applicant's previous criminal history, if
any, or a statement that the applicant has no previous criminal history
according to its files. Fingerprints submitted to the division pursuant
to this subdivision may also be submitted to the federal bureau of
investigation for a national criminal history record check. If
additional copies of fingerprints are required, the applicant shall
furnish them upon request. Upon receipt of such criminal history
information, the board shall provide such applicant with a copy of such
criminal history information, together with a copy of article
twenty-three-A of the correction law, and inform such applicant of his
or her right to seek correction of any incorrect information contained
in such criminal history information pursuant to regulations and
procedures established by the division of criminal justice services.