§ 69-o. License after examination; application. 1. After successfully
passing the designated examination, any person over the age of eighteen
years, desiring a license to engage in the business of installing,
servicing or maintaining security or fire alarm systems under this
article, may make application to the secretary of state therefor. The
application shall be subscribed by the applicant and affirmed by him as
true under the penalties of perjury. The application shall be in such
form and shall contain such information relative to the applicant and
his qualifications as may be prescribed by the secretary of state. Each
application shall be accompanied by:

(a) Two recent photographs of the applicant of a size prescribed by
the secretary of state and two sets of fingerprints of the applicant to
be recorded in such manner as the secretary of state may prescribe by
rule. The fingerprints shall be taken on a standard fingerprint card
approved for fingerprinting by the state division of criminal justice
services and shall be accompanied by the appropriate processing fees in
proper form for the division of criminal justice services;

(b) Evidence of education satisfactory to the secretary of state which
shall include evidence of the successful completion of a course of study
in a school duly licensed pursuant to the education law or approved by
the board of regents as a school qualified to instruct students in the
field of security or fire alarm systems or can demonstrate to the
satisfaction of the secretary of state that he has successfully
completed an approved industry sponsored training program; and

(c) Evidence of having successfully passed the required examination.

2. After the filing of an applicant's fingerprint cards, the secretary
of state shall forward such fingerprints to the division of criminal
justice services to be compared with the fingerprints on file with the
division of criminal justice services in order to ascertain whether the
applicant has been convicted of a felony involving fraud, bribery,
perjury or theft pursuant to article one hundred forty, one hundred
fifty-five, one hundred sixty, one hundred sixty-five, one hundred
seventy, one hundred seventy-five, one hundred seventy-six, one hundred
eighty, one hundred eighty-five, one hundred ninety, one hundred
ninety-five, two hundred or two hundred ten of the penal law; or has a
criminal action which has been pending for such a felony for under one
year without a final disposition unless adjourned in contemplation of
dismissal; provided, however, that for the purposes of this article,
none of the following shall be considered criminal convictions or
reported as such:

(a) A conviction which has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the
criminal procedure law, or the applicable provisions of law of any other
jurisdiction; or

(b) A conviction the records of which have been expunged or sealed
pursuant to the applicable provisions of the laws of this state or of
any other jurisdiction; or

(c) A conviction for which a certificate of relief from disabilities
or a certificate of good conduct has been issued pursuant to the
correction law.

The division of criminal justice services shall retain the fingerprint
cards and return the report of such convictions or pending cases, if
any, to the secretary of state who shall retain them in a confidential
file for no more than one year, after which time such report shall be
destroyed.

The secretary of state shall deny the application of any individual
convicted of a felony involving fraud, bribery, perjury or theft
pursuant to article one hundred forty, one hundred fifty-five, one
hundred sixty, one hundred sixty-five, one hundred seventy, one hundred
seventy-five, one hundred seventy-six, one hundred eighty, one hundred
eighty-five, one hundred ninety, one hundred ninety-five, two hundred or
two hundred ten of the penal law; or has a criminal action which has
been pending for such a felony for under one year without a final
disposition unless adjourned in contemplation of dismissal; provided,
however, that for the purposes of this article, none of the following
shall be considered criminal convictions or reported as such:

(i) A conviction which has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the
criminal procedure law, or the applicable provisions of law of any other
jurisdiction; or

(ii) A conviction the records of which have been expunged or sealed
pursuant to the applicable provisions of the laws of this state or of
any other jurisdiction; or

(iii) A conviction for which a certificate of relief from disabilities
or a certificate of good conduct has been issued pursuant to the
correction law.

3. The secretary of state shall prepare question papers which shall be
the same for all applications at any given examination. The questions
may be partly written and partly oral and shall not be confined to any
specific method or system. In addition, a portion of the examination may
include testing of practical skills through various exercises. No person
shall receive a license hereunder who has not actually demonstrated to
the secretary of state his ability and fitness to engage in the business
of installing, servicing or maintaining security or fire alarm systems
in such practical tests as may be required by the secretary of state.

4. Examinations shall be in the English language and shall be held at
least quarterly and shall be given in at least four convenient places in
the state.

5. There shall be an examination fee of fifteen dollars.

6. When an applicant has successfully passed the examination therefor,
and has otherwise qualified for a license, the secretary of state on
payment of the fee prescribed by this article, shall issue to such
applicant a license to engage in the business of installing, servicing
or maintaining security or fire alarm systems.