New York Budget Results in Significant Fee Increase

On April 1, New York Governor Andrew M. Cuomo announced the FY 2020 budget which “delivers comprehensive provisions to ensure social and economic justice for all.” The legislation will go into immediate effect once the Governor officially signs off which will occur by April 12^th.

Key Details

From a background screening perspective, there are two key details you need to know:

New York Office of Court Administration (OCA) Fee Increase

The fee associated with the New York OCA criminal record search (i.e., the statewide search) will increase from $65 to $95 per search. As outlined in the applicable legislation, the intent behind raising the fee is to increase contributions into the state’s indigent legal services fund.

Undisposed Cases

Measures will be taken by New York to ensure that no criminal history record search conducted through the New York OCA will include undisposed cases. Undisposed cases include a criminal action or proceeding where there is no record of an executed warrant of arrest, superior court warrant of arrest or bench warrant, and for which there is no record of conviction or imposition of any sentence or penalty. The district attorney in the county of jurisdiction can notify the division if the case is pending at which point it will be reported.
 
Unlike the OCA fee increase, this provision of the budget will take effect in one year and will apply to searches of criminal history records on or after that date.