NY State Senate Bill 2021-S9391

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2022	referred to children and families

2021-S9391 (ACTIVE) - Details

See Assembly Version of this Bill:: A7621
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§783 & 784, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:: S7444, A6544

2021-S9391 (ACTIVE) - Summary

Relates to expungement of records in persons in need of supervision cases in family court.

2021-S9391 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9391

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court Advisory and Rules Committee.

This measure would amend the Family Court Act ("FCA") to correct an
anomaly in its provisions relating to the sealing and expungement of
records in PINS cases.

When Article 3 of the FCA, the juvenile delinquency ("JD") procedure
statute, was enacted nearly four decades ago, applicable provisions of
the Criminal Procedure Law deemed essential for due process and fairness
were incorporated into it. However, the same was not done as to the
remaining provisions of FCA Article 7, which thereafter would apply only
to PINS cases. Among the most glaring omissions is the provision regard-
ing confidentiality of records. Article 3, modeled after CPL § 160.50,
which has afforded youth accused of JD, like adults accused of crimes,

far more protections than those available to the subjects of PINS
proceedings. Likewise, the PINS statute has not yet been modified to
incorporate a 2019 amendment that provides automatic sealing of records
of petty offense-level marijuana offenses, notwithstanding the fact that
violations of Penal Law § 221.05 are specifically included in FCA § 712
as grounds for PINS.

    Professor Merril Sobie noted this disparity in his Practice Commen-
    taries to FCA § 751:

      {Family  Court  Act}  Article  7,  unlike  Article 3 {the juvenile
      delinquency statute}, does not provide for the  automatic  sealing
      of  records when a petition is dismissed or withdrawn (see Section
      375.1). Hence, the records remain relatively open, subject only to
      the generalized, imprecise {Family Court Act} Section  166  stipu-
      lation  that  "{t}he records of any proceeding in the family court
      shall not be open  to  indiscriminate  public  inspection".  Iron-
      ically,  children  who are falsely accused of non-criminal "status
      offense" conduct are afforded less protection than youths who  are
      accused of engaging in criminal activities.

Most  recently,  he has noted the ever more serious, anomalous disparity
between the confidentiality protections afforded  criminal  records  and
far more limited protections afforded to both JD and PINS records:

      In  recent  years  the  New  York Legislature has enacted criminal
      procedure law measures to strengthen confidentiality and  to  seal
      and  expunge many records, thereby barring or limiting accessibil-
      ity to less egregious criminal findings. Astonishingly, the  meas-
      ures  have excluded the young. Today, Family Court juvenile delin-
      quency records (crimes committed by children) and  status  offense
      records  (non-criminal youthful behavior, such as truancy) are far
      more open and available than similar adult criminal files.


      ...A few examples illustrate the dichotomy. The records of  adults
      who  have formerly been convicted of cannabis possession have been
      expunged (part of the legalization of marijuana).  However,  chil-
      dren  below  the age of 16 are excluded. See FCA § 712. Even cases
      where  the  child  had  been found to be innocent are never sealed
      remaining open together with cases where the child has been  found
      to  be  guilty.    Similarly,  the records of a child who has been
      accused of illegal noncriminal behavior, such as truancy,  remains
      unsealed indefinitely and hence widely available indefinitely.

M.  Sobie,  "A  Life  Sentence for Children: NY's Antiquated Prejudicial
Juvenile Justice Records Provisions," NYLJ, Dec. 16, 2021.

This measure would correct that anomaly. First, closely tracking section
375.1 of the FCA and section 160.50 of the CPL, the measure would  amend
FCA  § 783 to provide that court records in actions terminated favorably
to the accused - i.e., actions  diverted  (diverted  without  petition),
withdrawn  or  dismissed  - would automatically be expunged. In light of
the 2019 amendment to Criminal Procedure Law § 160.50(3)  (L.  2019,  c.
131),  providing  that  convictions  for  petty  offense-level marijuana
possession under Penal Law § 221.05 are deemed  to  be  terminations  of
actions  in favor of the accused requiring mandatory sealing, PINS find-
ings for violations of Penal Law § 221.05 would be subject to  automatic
expungement  following  the  conclusion  of any disposition or period of
extension. Likewise, since the Federal  Trafficking  Victims  Protection
Act  defines  "severe  forms  of trafficking in persons," inter alia, as
"sex trafficking in which ...the person induced to perform such act  has
not  attained 18 years of age," the measure would require expungement at
the conclusion of any disposition or extension based upon a finding  for
a  prostitution  offense  under  Penal  Law  §  230.00. Notices would be
required to be sent to  presentment  or  law  enforcement  agencies,  if
either  have  been  involved, directing them to expunge their records as
well.

      A. At the same time, recognizing that designated lead agencies for
      PINS diversion, that is, local departments of social  services  or
      probation  departments,  have  certain  statutory requirements for
      internal access to their records for limited purposes, the notices
      to those agencies would be for them to seal  their  records,  thus
      permitting  access  simply  for  enumerated  statuary purposes but
      barring public access.

This measure authorizes designated  lead  diversion  agencies  to  check
their  records if a juvenile returns on a subsequent PINS and, where the
diversion agency is the local Department of Social Services, it may have
access to its own records where necessary for service determinations and
where the Commissioner determines the information is necessary to comply
with Social Services Law § 422-a regarding disclosure of fatality-relat-
ed information.

Second, in cases in which a juvenile has been adjudicated  a  PINS,  the
juvenile  would  be  permitted  to  make a motion for expungement of the
record in the interests of justice at any time subsequent to the conclu-
sion of the period of a disposition. If granted, notices would  be  sent
to agencies involved in the case to seal their records.

Further,  youth  where cases have been favorably terminated prior to the
effective date of the statute would be permitted to move for expungement
upon  twenty  days'  notice.  Significantly  consistent  with  Professor
Sobie's  suggestion  in  "A  Life Sentence for Children: NY's Antiquated
Prejudicial Juvenile Justice Record Provisions, supra; PINS

      B. Records would be required to be automatically expunged once the
      juvenile  reaches  the age of 21, if not expunged sooner, assuming
      the period of any disposition has concluded.

As under FCA § 375.3, the Family Court would retain its inherent author-
ity to expunge, rather than simply seal,  its  records.  See  Matter  of
Dorothy  D.  v.  New  York  City  Probation  Department,  49  N.Y.2d 212
(1980)(juvenile delinquency); Matter of Richard S. v. City of New  York,
32  N.Y.2d  592  (1973)(PINS);  Matter of Daniel PP., 224 A.D.2d 906 (3d
Dept., 1996)(PINS). As the Court of Appeals held in Matter of Dorothy D.
supra at 215:

      That the very existence of such records,  despite  provisions  for
      confidentiality,  may constitute a substantial impediment to entry
      into  institutions  of  higher  learning,  government  or  private
      employment,  the  armed  services,  or  the professions, cannot be
      seriously questioned. For this reason it would be antithetical  to
      the  purpose  of  the  Family  Court Act to maintain records which
      would not benefit society and would result in bringing unwarranted
      discrimination to a child's future. (Matter of Richard S. v.  City
      of  New  York,  32  N.Y.2d  592, 595-596, 347 N.Y.S.2d 54, 56, 300
      N.E.2d 426, 427).

Many states, in fact, include expungement, not simply sealing, as  their
mechanism  for  ensuring  the confidentiality of juvenile records.  See,
e.g.,West's Colorado Revised Statutes  §  19-  1306;  Illinois  Compiled
Statutes  §  405/5-915  (juvenile  delinquency)  and § 405/1-9 (juvenile
court records other than juvenile delinquency);  Ohio  Revised  Code  §§
2151.355, 2151.356, 2151.358 (juvenile delinquency and "unruly children"
records);  Revised  Code  of  Washington  §  13.50.050; Delaware Code §§
1014-1018; North Carolina General Statutes §§  7B-3200,  3201  (juvenile
delinquency  and  "undisciplined"  children); Arizona Revised Statutes §
13-921; Arkansas Code §§  927-309{b}{1}{A},  {b}{2};  West's  California
Code,  Div.  2, C. 2, Art. 22, § 826{a}; Connecticut General Statutes §§
46b-133a,46b-146; West's Florida Statutes § 943.0582; Minnesota Statutes
§ 260B.235{9}; Pennsylvania Consolidated Statutes § 9123; West's Code of
Virginia § 16-1-306.

Finally, recognizing that PINS behavior consists of conduct  that  would
not  be  criminal  if  committed  by  adults,  this  measure would amend
sections 783 and 784 of the FCA to bar use  of  PINS  records  in  other
courts.  The  language in section 783, permitting use of such records in
criminal sentencing proceedings, as well as the reference in section 784
to criminal courts taking action regarding police records, are  vestiges
of days when juvenile delinquency and PINS proceedings were both covered
by  Article  7 and now are more appropriately applied solely to juvenile
FCA delinquency records.  Indeed, these provisions  have  been  incorpo-
rated into Article 3. See FCA §§ 381.2, 381.3(2). This measure appropri-
ately deletes these provisions from FCA Article 7.

The  need  to  keep  confidential  records of juvenile misbehavior, both
criminal and noncriminal in nature, has long been a central  feature  of
the juvenile justice system. As former Chief Justice Rehnquist noted, in
his concurring opinion in Smith v. Daily Mail, 443 U.S. 97, 107 (1979):
      It  is  a  hallmark  of  our juvenile justice system in the United
      States that, virtually from its inception at the end of  the  last
      century,  its  proceedings  have  been  conducted  outside  of the
      public's full gaze and the  youths  brought  before  our  juvenile
      courts  have  been  shielded  from publicity. See H. Lou, Juvenile
      Courts in the United States 131-133 (1927);  Geis,  Publicity  and
      Juvenile  Court  Proceedings,  30  Rocky  Mt.L.Rev.  101, 102, 116
      (1958). This insistence on confidentiality is  born  of  a  tender
      concern  for the welfare of the child, to hide his youthful errors
      and "bury them in the graveyard of the  forgotten  past.'"  In  re
      Gault, 387 U. S. 1, 387 U. S. 24-25 (1967).

This  measure recognizes that non-criminal conduct, the gravamen of PINS
cases, no less than the criminal conduct that forms the basis  of  juve-
nile  delinquency proceedings, needs the protections that have long been
deemed essential to fulfilling the goals of the juvenile justice system.

This measure would take effect 90 days after becoming law.

 
2019-20 LEGISLATIVE HISTORY:

(OCA 46R2) Assembly A8021 (M. of A Jaffee) {Ref to Rules}

 
2017-18 LEGISLATIVE HISTORY:

Senate 4766 (Sen. Avella) {committd to Rules}
 Assembly 7552 (M. of A. Jaffee) {Passed}

 
2015-16 LEGISLATIVE HISTORY:

Senate 5020 (Sen. Felder) {ref. to Children & Families}
Assembly 7049 (M. of A. Lupardo {ref. to Children & Families}

 
2014 LEGISLATIVE HISTORY:

Senate 6814-A (Sen. Felder) {committed to Rules}
Assembly 9916-A (M. of A. Lupardo) {Passed}

2021-S9391 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9391
 
                             I N  S E N A T E
 
                               May 23, 2022
                                ___________
 
 Introduced by Sen. BRISPORT -- (at request of the Office of Court Admin-
   istration)  --  read twice and ordered printed, and when printed to be
   committed to the Committee on Children and Families
 
 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)
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09297-07-2
 S. 9391                             2

 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
 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
 S. 9391                             3
 
 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
 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
 S. 9391                             4
 
 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.

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Senate Bill S9391

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2021-S9391 (ACTIVE) - Details

2021-S9391 (ACTIVE) - Summary

2021-S9391 (ACTIVE) - Sponsor Memo

2021-S9391 (ACTIVE) - Bill Text download pdf

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Senate Bill S9391

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Sponsored By

Jabari Brisport

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2021-S9391 (ACTIVE) - Details

2021-S9391 (ACTIVE) - Summary

2021-S9391 (ACTIVE) - Sponsor Memo

2021-S9391 (ACTIVE) - Bill Text download pdf

Comments