DETECTIVE GUIDE Section: Personnel Procedure No: 512-05 SEALED RECORDS PROGRAM DATE ISSUED: 12-09-13 DEFINITIONS DATE EFFECTIVE: REVISION NUMBER: PAGE: 12-09-13 1 of 3 SEALED RECORDS – includes sealed adult, juvenile offender and juvenile delinquent arrest records and confidential youthful offender arrest records. SEALED RECORDS PROGRAM – program that ensures authorized Detective Bureau personnel have access to Sealed Records. PROCEDURE The Sealed Records Program will be managed in compliance with the following procedure: DETECTIVE BOROUGH AND DETECTIVE DIVISION EXECUTIVE OFFICER 1. 2. 3. 4. 5. 6. Confer and coordinate with Commanding Officer, Central Investigation and Resource Division (CO CIRD) regarding Sealed Records Program policies and procedures. Manage the Sealed Records Program and ensure: a. Only authorized personnel access Sealed Records b. Sealed Records are only accessed regarding a criminal investigation involving a felony or serious crime c. The determination whether a misdemeanor constitutes a serious crime is only made by a person designated a Squad / Unit Commander d. Sealed Records are not improperly printed, copied or disseminated e. Information documented in a sealed record is not included in a Detective Bureau Unusual Occurrence Report or Detective Bureau Preliminary Investigation Worksheet f. All personnel comply with the policies contained in the “Certification - Guidelines for Access to and Use of Sealed Adult, Juvenile Offender and Juvenile Delinquent Arrest Records and Confidential Youthful Offender Arrest Records” form (Appendix A) g. There are no violations of the Sealed Records Program procedures h. Appropriate corrective action is taken if there is a violation of the Sealed Records Program procedures. Designate Captain to assist regarding management of Sealed Records Program. Designate appropriate Detective Bureau supervisors and a limited number of essential non-supervisory Detective Bureau personnel who will be authorized to access Sealed Records. Ensure each person who will be authorized to access Sealed Records receives mandatory Sealed Records Program training. Ensure each person who will be authorized to access Sealed Records examines, prepares and signs “Certification - Guidelines for Access to and Use of Sealed Adult, Juvenile Offender and Juvenile Delinquent Arrest Records and Confidential Youthful Offender Arrest Records” form. NEW  YORK  CITY  POLICE  DEPARTMENT DETECTIVE GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 512-05 DETECTIVE BOROUGH AND DETECTIVE DIVISION EXECUTIVE OFFICER (continued) REVISION NUMBER: PAGE: 12-09-13 7. 8. 9. 10. 11. 12. 13. 2 of 3 Examine and sign “Certification - Guidelines for Access to and Use of Sealed Adult, Juvenile Offender and Juvenile Delinquent Arrest Records and Confidential Youthful Offender Arrest Records” form regarding each person who will be authorized to access Sealed Records. Prepare and sign Typed Letterhead addressed to the Commanding Officer, CIRD requesting access to Sealed Records for authorized personnel. a. The “Subject” is: REQUEST ACCESS TO SEALED RECORDS b. Provide the rank, last name, first name, tax #, command and command code regarding each person who is authorized to access Sealed Records c. List the rank, last name, first name, tax #, command and telephone number of person who provided the Sealed Records Program training. Ensure signed Typed Letterhead and all original “Certification Guidelines for Access to and Use of Sealed Adult, Juvenile Offender and Juvenile Delinquent Arrest Records and Confidential Youthful Offender Arrest Records” forms are delivered to the CO CIRD. Direct Detective Borough / Division Integrity Control Officer to file at the Detective Borough / Division a copy of all Sealed Records Program related documents for each person who is authorized to access Sealed Records. By the 10th day of each month, confer with CO CIRD and implement required actions in order to remove or add personnel authorized to access Sealed Records (e.g., transferees, promotees, retirees). Ensure the Sealed Records Program management control program is properly implemented and frequently evaluate results of management control program audits. a. Ensure appropriate corrective action is taken if there is a violation of the Sealed Records Program procedures. On July 10th of each year reevaluate the Sealed Records Program and make recommendations to the CO CIRD regarding Sealed Records Program documentation, policies, procedures, etc. NEW  YORK  CITY  POLICE  DEPARTMENT DETECTIVE GUIDE PROCEDURE NUMBER: 512-05 DATE EFFECTIVE: REVISION NUMBER: PAGE: 12-09-13 NEW  YORK  CITY  POLICE  DEPARTMENT 3 of 3