An individual submits fingerprints in connection with a New York life settlement broker license application. Which statement about the resulting criminal history records is correct?
Select an option to reveal the answer and the full 3-part explanation — free, no signup.
Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
Under N.Y. Ins. Law §2137d(d)(2), criminal history records sent to the Superintendent in connection with a life settlement broker application are confidential under applicable federal and state laws, rules and regulations, and shall not be published or in any way disclosed to persons other than the Superintendent unless otherwise authorized by law. The applicant must receive a copy of any criminal history record, be informed of the right to seek correction of inaccurate information, and, if denied, receive written notice with the right to be heard and offer proof in opposition.
Why the other options are wrong
- A) Issuance of the license does not convert the criminal history records into public records; they remain confidential.
- C) Insurers have no automatic access to the criminal history records generated by the licensing background check.
- D) If an application is denied, the statute requires written notice and an opportunity to be heard — not publication of the criminal history record.
Memory hook
Criminal history stays confidential — the Superintendent's eyes only, unless the law says otherwise.