S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7621--A
                                                         Cal. No. 436
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced by M. of A. HEVESI, ABINANTI, SEAWRIGHT -- (at request of the
   Office  of  Court  Administration)  --  read  once and referred to the
   Committee on Children and Families -- reported  and  referred  to  the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule 3, sec. 2 -- reported from committee, advanced
   to a third reading, amended and ordered reprinted, retaining its place
   on the order of third reading
 
 AN  ACT  to  amend  the  family court act, in relation to expungement of
   records in persons in need of supervision cases in the family court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 783 of the family court act is amended to read as
 follows:
   § 783. Use of [record] RECORDS in other court; EXPUNGEMENT OF RECORDS.
 (A) Neither the fact that a person was before  the  family  court  under
 this  article  for  a hearing nor any confession, admission or statement
 made by him OR HER to the court or to any officer thereof in  any  stage
 of the proceeding is admissible as evidence against him or HER OR his OR
 HER  interests in any other court.  [Another court, in imposing sentence
 upon an adult after conviction, may receive and consider the records and
 information on file with the family court concerning such person when he
 was a child.]
   (B) FOR PURPOSES OF THIS SECTION, "EXPUNGEMENT" SHALL  MEAN  THAT  ALL
 OFFICIAL  RECORDS  AND  PAPERS,  INCLUDING  JUDGMENTS  AND ORDERS OF THE
 COURT, BUT NOT INCLUDING PUBLIC COURT DECISIONS OR OPINIONS  OR  RECORDS
 AND  BRIEFS  ON  APPEAL,  RELATING  TO THE ARREST, PROSECUTION AND COURT
 PROCEEDINGS AND RECORDS OF THE PROBATION  SERVICE  AND  DESIGNATED  LEAD
 AGENCY,  INCLUDING  ALL  DUPLICATES  OR COPIES THEREOF, ON FILE WITH THE
 COURT, POLICE DEPARTMENT AND LAW ENFORCEMENT AGENCY, PROBATION  SERVICE,
 DESIGNATED  LEAD  AGENCY  AND  PRESENTMENT  AGENCY,  IF  ANY,  SHALL  BE
 DESTROYED AND, EXCEPT FOR RECORDS SEALED AS PROVIDED IN  PARAGRAPHS  (V)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09297-06-2
 A. 7621--A                          2
 
 AND (VI) OF SUBDIVISION (C) OF THIS SECTION, SHALL NOT BE MADE AVAILABLE
 TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY.
   (C)  AUTOMATIC EXPUNGEMENT OF RECORDS OF A PROCEEDING UNDER THIS ARTI-
 CLE THAT IS TERMINATED IN FAVOR OF THE RESPONDENT. (I) UPON  TERMINATION
 OF A PROCEEDING UNDER THIS ARTICLE IN FAVOR OF THE RESPONDENT, THE CLERK
 OF  THE  COURT  SHALL IMMEDIATELY NOTIFY AND DIRECT THE DIRECTORS OF THE
 APPROPRIATE PROBATION DEPARTMENT, DESIGNATED  LEAD  AGENCY  PURSUANT  TO
 SECTION  SEVEN HUNDRED THIRTY-FIVE OF THIS ARTICLE AND, IF A PRESENTMENT
 AGENCY REPRESENTED THE PETITIONER IN THE PROCEEDING, SUCH  AGENCY,  THAT
 THE  PROCEEDING  HAS  TERMINATED IN FAVOR OF THE RESPONDENT AND THAT THE
 RECORDS, IF ANY, OF SUCH ACTION OR PROCEEDING ON FILE WITH SUCH  OFFICES
 SHALL  BE  EXPUNGED. IF THE RESPONDENT HAD BEEN THE SUBJECT OF A WARRANT
 OR AN ARREST IN CONNECTION WITH THE PROCEEDING, OR LAW  ENFORCEMENT  WAS
 THE  REFERRING  AGENCY  OR  PETITIONER PURSUANT TO SECTION SEVEN HUNDRED
 THIRTY-THREE OF THIS ARTICLE, THE NOTICE  SHALL  ALSO  BE  SENT  TO  THE
 APPROPRIATE POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY. UPON RECEIPT OF
 SUCH  NOTIFICATION,  THE  RECORDS  SHALL  BE EXPUNGED IN ACCORDANCE WITH
 SUBDIVISION (B) OF THIS SECTION. THE ATTORNEY FOR THE  RESPONDENT  SHALL
 BE  NOTIFIED  BY THE CLERK OF THE COURT IN WRITING OF THE DATE AND AGEN-
 CIES AND DEPARTMENTS TO WHICH SUCH NOTIFICATIONS WERE SENT.
   (II) FOR THE PURPOSES OF THIS SECTION, A PROCEEDING UNDER THIS ARTICLE
 SHALL BE CONSIDERED TERMINATED  IN  FAVOR  OF  A  RESPONDENT  WHERE  THE
 PROCEEDING HAS BEEN:
   (A) DIVERTED PRIOR TO THE FILING OF A PETITION PURSUANT TO SUBDIVISION
 (G)  OF  SECTION SEVEN HUNDRED THIRTY-FIVE OF THIS ARTICLE OR SUBSEQUENT
 TO THE FILING OF A PETITION PURSUANT TO SUBDIVISION (B) OF SECTION SEVEN
 HUNDRED FORTY-TWO OF THIS ARTICLE; OR
   (B) WITHDRAWN OR DISMISSED FOR FAILURE TO PROSECUTE, OR FOR ANY  OTHER
 REASON AT ANY STAGE; OR
   (C)  DISMISSED  FOLLOWING AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL
 PURSUANT TO SUBDIVISION (A) OF SECTION SEVEN HUNDRED FORTY-NINE OF  THIS
 ARTICLE; OR
   (D)  RESULTED  IN  AN  ADJUDICATION  WHERE  THE ONLY FINDING WAS FOR A
 VIOLATION OF FORMER SECTION 221.05 OR SECTION 230.00 OF THE  PENAL  LAW;
 PROVIDED,  HOWEVER,  THAT WITH RESPECT TO FINDINGS UNDER THIS PARAGRAPH,
 THE EXPUNGEMENT REQUIRED BY THIS SECTION SHALL NOT TAKE PLACE UNTIL  THE
 CONCLUSION  OF  THE  PERIOD  OF  ANY DISPOSITION OR EXTENSION UNDER THIS
 ARTICLE.
   (III) IF, WITH RESPECT TO A RESPONDENT WHO HAD BEEN THE SUBJECT  OF  A
 WARRANT  OR AN ARREST IN CONNECTION WITH THE PROCEEDING, OR LAW ENFORCE-
 MENT WAS THE REFERRING AGENCY, THE DESIGNATED LEAD AGENCY DIVERTS A CASE
 EITHER PRIOR TO OR SUBSEQUENT TO THE FILING OF  A  PETITION  UNDER  THIS
 ARTICLE,  THE  DESIGNATED  LEAD  AGENCY  SHALL  NOTIFY  THE  APPROPRIATE
 PROBATION SERVICE AND POLICE DEPARTMENT OR  LAW  ENFORCEMENT  AGENCY  IN
 WRITING  OF  SUCH  DIVERSION.    SUCH  NOTIFICATION  MAY  BE  ON  A FORM
 PRESCRIBED BY THE CHIEF ADMINISTRATOR OF THE COURTS.   UPON  RECEIPT  OF
 SUCH  NOTIFICATION,  THE  PROBATION SERVICE AND POLICE DEPARTMENT OR LAW
 ENFORCEMENT AGENCY SHALL EXPUNGE ANY RECORDS IN ACCORDANCE WITH SUBDIVI-
 SION (B) OF THIS SECTION IN THE SAME MANNER AS  IS  REQUIRED  THEREUNDER
 WITH RESPECT TO AN ORDER OF A COURT.
   (IV) IF, FOLLOWING THE REFERRAL OF A PROCEEDING UNDER THIS ARTICLE FOR
 THE  FILING  OF  A  PETITION,  THE  PETITIONER  OR,  IF REPRESENTED BY A
 PRESENTMENT AGENCY, SUCH AGENCY, ELECTS NOT TO  FILE  A  PETITION  UNDER
 THIS  ARTICLE, THE PETITIONER OR, IF APPLICABLE, THE PRESENTMENT AGENCY,
 SHALL NOTIFY THE APPROPRIATE PROBATION SERVICE AND DESIGNATED LEAD AGEN-
 CY OF SUCH DETERMINATION. SUCH NOTIFICATION MAY BE ON A FORM  PRESCRIBED
 A. 7621--A                          3

 BY THE CHIEF ADMINISTRATOR OF THE COURTS AND MAY BE TRANSMITTED BY ELEC-
 TRONIC  MEANS. IF THE RESPONDENT HAD BEEN THE SUBJECT OF A WARRANT OR AN
 ARREST IN CONNECTION WITH THE PROCEEDING, OR  LAW  ENFORCEMENT  WAS  THE
 REFERRING AGENCY, THE NOTIFICATION SHALL ALSO BE SENT TO THE APPROPRIATE
 POLICE  DEPARTMENT  OR  LAW  ENFORCEMENT  AGENCY.  UPON  RECEIPT OF SUCH
 NOTIFICATION, THE RECORDS SHALL BE EXPUNGED IN ACCORDANCE WITH  SUBDIVI-
 SION  (B)  OF  THIS SECTION IN THE SAME MANNER AS IS REQUIRED THEREUNDER
 WITH RESPECT TO AN ORDER OF A COURT, PROVIDED, HOWEVER, THAT THE  DESIG-
 NATED  LEAD AGENCY MAY HAVE ACCESS TO ITS OWN RECORDS IN ACCORDANCE WITH
 PARAGRAPH (V) OF THIS SUBDIVISION.
   (V) WHERE A PROCEEDING HAS BEEN DIVERTED PURSUANT TO SUBPARAGRAPH  (A)
 OF  PARAGRAPH  (II)  OF  THIS SUBDIVISION OR WHERE A PROCEEDING HAS BEEN
 REFERRED FOR THE FILING OF A PETITION BUT THE POTENTIAL  PETITIONER  OR,
 IF  REPRESENTED BY A PRESENTMENT AGENCY, SUCH AGENCY, ELECTS NOT TO FILE
 A PETITION IN ACCORDANCE WITH PARAGRAPH (IV) OF  THIS  SUBDIVISION,  THE
 DESIGNATED  LEAD  AGENCY  SHALL SEAL ITS RECORDS UNDER THIS SECTION, BUT
 SHALL HAVE ACCESS TO ITS OWN RECORDS SOLELY FOR THE FOLLOWING PURPOSES:
   (A) WHERE THERE IS CONTINUING OR SUBSEQUENT  CONTACT  WITH  THE  CHILD
 UNDER THIS ARTICLE; OR
   (B)  WHERE  THE INFORMATION IS NECESSARY FOR SUCH DEPARTMENT TO DETER-
 MINE WHAT SERVICES HAD BEEN ARRANGED OR PROVIDED TO THE FAMILY OR  WHERE
 THE  COMMISSIONER  DETERMINES THAT THE INFORMATION IS NECESSARY IN ORDER
 FOR THE COMMISSIONER OF SUCH DEPARTMENT  TO  COMPLY  WITH  SECTION  FOUR
 HUNDRED TWENTY-TWO-A OF THE SOCIAL SERVICES LAW.
   (VI)  RECORDS  EXPUNGED  OR  SEALED  UNDER  THIS SECTION SHALL BE MADE
 AVAILABLE TO THE JUVENILE OR HIS OR HER AGENT AND, WHERE THE  PETITIONER
 OR  POTENTIAL PETITIONER IS A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE
 FOR THE JUVENILE'S CARE, SUCH PARENT OR OTHER PERSON. NO STATEMENT  MADE
 TO  A  DESIGNATED  LEAD  AGENCY  BY THE JUVENILE OR HIS OR HER PARENT OR
 OTHER PERSON LEGALLY RESPONSIBLE THAT IS CONTAINED IN A RECORD  EXPUNGED
 OR  SEALED  UNDER THIS SECTION SHALL BE ADMISSIBLE IN ANY COURT PROCEED-
 ING, EXCEPT UPON THE CONSENT OR AT THE  REQUEST,  RESPECTIVELY,  OF  THE
 JUVENILE  OR  HIS  OR HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR
 THE JUVENILE'S CARE.
   (VII) A RESPONDENT IN WHOSE FAVOR A PROCEEDING WAS TERMINATED PRIOR TO
 THE EFFECTIVE DATE OF THIS PARAGRAPH MAY,  UPON  MOTION,  APPLY  TO  THE
 COURT, UPON NOT LESS THAN TWENTY DAYS NOTICE TO THE PETITIONER OR (WHERE
 THE  PETITIONER IS REPRESENTED BY A PRESENTMENT AGENCY) SUCH AGENCY, FOR
 AN ORDER GRANTING THE RELIEF SET FORTH IN PARAGRAPH (I) OF THIS SUBDIVI-
 SION. WHERE A PROCEEDING UNDER THIS ARTICLE WAS TERMINATED IN  FAVOR  OF
 THE RESPONDENT IN ACCORDANCE WITH PARAGRAPH (III) OR (IV) OF THIS SUBDI-
 VISION PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH, THE RESPONDENT MAY
 APPLY  TO  THE DESIGNATED LEAD AGENCY, PETITIONER OR PRESENTMENT AGENCY,
 AS APPLICABLE, FOR A NOTIFICATION AS DESCRIBED IN SUCH PARAGRAPHS GRANT-
 ING THE RELIEF SET FORTH THEREIN AND SUCH NOTIFICATION SHALL BE GRANTED.
   (D) MOTION TO EXPUNGE AFTER AN ADJUDICATION AND DISPOSITION. (I) IF AN
 ACTION HAS RESULTED IN AN ADJUDICATION AND DISPOSITION UNDER THIS  ARTI-
 CLE,  THE  COURT  MAY, IN THE INTEREST OF JUSTICE AND UPON MOTION OF THE
 RESPONDENT, ORDER THE EXPUNGEMENT OF THE RECORDS AND PROCEEDINGS.
   (II) SUCH MOTION MUST BE IN WRITING AND  MAY  BE  FILED  AT  ANY  TIME
 SUBSEQUENT  TO  THE  CONCLUSION  OF  THE DISPOSITION, INCLUDING, BUT NOT
 LIMITED TO, THE EXPIRATION OF THE PERIOD OF PLACEMENT,  SUSPENDED  JUDG-
 MENT,  ORDER OF PROTECTION OR PROBATION OR ANY EXTENSION THEREOF. NOTICE
 OF SUCH MOTION SHALL BE SERVED NOT LESS THAN EIGHT  DAYS  PRIOR  TO  THE
 RETURN  DATE OF THE MOTION UPON THE PETITIONER OR, IF THE PETITIONER WAS
 A. 7621--A                          4
 
 REPRESENTED BY A PRESENTMENT AGENCY, SUCH AGENCY.  ANSWERING  AFFIDAVITS
 SHALL BE SERVED AT LEAST TWO DAYS BEFORE THE RETURN DATE.
   (III)  THE  COURT  SHALL  SET FORTH IN A WRITTEN ORDER ITS REASONS FOR
 GRANTING OR DENYING THE MOTION. IF THE  COURT  GRANTS  THE  MOTION,  ALL
 COURT  RECORDS,  AS  WELL AS ALL RECORDS IN THE POSSESSION OF THE DESIG-
 NATED LEAD AGENCY, THE PROBATION SERVICE,  THE  PRESENTMENT  AGENCY,  IF
 ANY,  AND,  IF  THE  RESPONDENT  HAD BEEN THE SUBJECT OF A WARRANT OR AN
 ARREST IN CONNECTION WITH THE  PROCEEDING,  OR  IF  THE  POLICE  OR  LAW
 ENFORCEMENT  AGENCY  WAS  THE REFERRING AGENCY OR PETITIONER PURSUANT TO
 SECTION SEVEN HUNDRED THIRTY-THREE  OF  THIS  ARTICLE,  THE  APPROPRIATE
 POLICE  OR  LAW ENFORCEMENT AGENCY, SHALL BE EXPUNGED IN ACCORDANCE WITH
 SUBDIVISION (B) OF THIS SECTION.
   (E) AUTOMATIC EXPUNGEMENT OF COURT RECORDS.   ALL RECORDS  UNDER  THIS
 ARTICLE  SHALL  BE  AUTOMATICALLY EXPUNGED UPON THE RESPONDENT'S TWENTY-
 FIRST BIRTHDAY UNLESS EARLIER EXPUNGED UNDER THIS SECTION, PROVIDED THAT
 EXPUNGEMENT UNDER THIS PARAGRAPH SHALL NOT TAKE PLACE UNTIL THE  CONCLU-
 SION OF THE PERIOD OF ANY DISPOSITION OR EXTENSION UNDER THIS ARTICLE.
   (F)  EXPUNGEMENT  OF COURT RECORDS; INHERENT POWER.  NOTHING CONTAINED
 IN THIS ARTICLE SHALL PRECLUDE THE COURT'S USE OF ITS INHERENT POWER  TO
 ORDER THE EXPUNGEMENT OF COURT RECORDS.
   §  2.  Section  784  of  the  family  court  act is amended to read as
 follows:
   § 784. Use of police records.  All  police  records  relating  to  the
 arrest and disposition of any person under this article shall be kept in
 files  separate  and apart from the arrests of adults and shall be with-
 held  from  public  inspection,  but  such  records  shall  be  open  to
 inspection upon good cause shown by the parent, guardian, next friend or
 attorney  of that person upon the written order of a judge of the family
 court in the county in which the order was made [or, if  the  person  is
 subsequently  convicted  of a crime, of a judge of the court in which he
 was convicted].
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.