A. 6289--B 2
(IV) PREDISPOSITION REPORTS, INCLUDING PROBATION INVESTIGATIONS AND
DIAGNOSTIC ASSESSMENTS;
(V) RISK ASSESSMENT INSTRUMENTS;
(VI) NOTICES;
(VII) MOTIONS;
(VIII) LEGAL MEMORANDA; AND
(IX) ORDERS.
(B) LAW ENFORCEMENT RECORDS, INCLUDING BUT NOT LIMITED TO:
(I) FINGERPRINTS, PHOTOGRAPHS, PALMPRINTS;
(II) DNA SAMPLES;
(III) ARREST RECORDS;
(IV) DEMOGRAPHIC INFORMATION THAT IDENTIFIES A JUVENILE OR THE FAMILY
OF A JUVENILE; AND
(V) STATE CRIMINAL JUSTICE INFORMATION SYSTEM RECORDS.
(C) PERSONAL SOCIAL RECORDS, INCLUDING BUT NOT LIMITED TO:
(I) RECORDS OF JUVENILE PROBATION OFFICERS;
(II) MEDICAL RECORDS;
(III) PSYCHIATRIC OR PSYCHOLOGICAL RECORDS;
(IV) REPORTS OF PRELIMINARY INQUIRIES AND PREDISPOSITION REPORTS;
(V) SUPERVISION RECORDS;
(VI) BIRTH CERTIFICATES;
(VII) INDIVIDUALIZED SERVICE PLANS;
(VIII) DETENTION RECORDS; AND
(IX) DEMOGRAPHIC INFORMATION THAT IDENTIFIES A JUVENILE OR THE FAMILY
OF A JUVENILE.
3. UPON A WRITTEN PETITION AND A FINDING OF COMPELLING INTEREST, AND
IN ACCORDANCE WITH THE CONDITIONS BELOW, THE JUVENILE COURT MAY ORDER
RELEASE OF THE JUVENILE NAME AND DESIGNATED PORTIONS OF THE RECORDS,
REPORTS, AND INFORMATION DESCRIBED IN PARAGRAPHS (A) THROUGH (C) OF
SUBDIVISION TWO OF THIS SECTION TO ANOTHER PERSON, DEPARTMENT, ENTITY,
OR AGENCY.
(A) THE REQUESTING PARTY SHALL PROVIDE NOTICE TO THE JUVENILE AND HIS
OR HER ATTORNEY OF THE PETITION AND AN OPPORTUNITY TO OBJECT.
(B) THE COURT SHALL HOLD A HEARING ON THE PETITION IF REQUESTED BY THE
PETITIONER OR JUVENILE.
(C) THE PETITION FILED WITH THE COURT AND SERVED ON THE JUVENILE AND
HIS OR HER ATTORNEY SHALL STATE THE FOLLOWING:
(I) THE REASON THE PERSON, DEPARTMENT, ENTITY, OR AGENCY IS REQUESTING
THE INFORMATION;
(II) THE USE TO BE MADE OF THE INFORMATION, INCLUDING ANY INTENDED
RE-DISCLOSURE; AND
(III) THE NAMES OF THOSE PERSONS WITHIN THE DEPARTMENT, ENTITY, OR
AGENCY WHO WILL HAVE ACCESS TO THE INFORMATION.
(D) IN RULING ON THE PETITION, THE COURT SHALL CONSIDER THE PRIVACY
INTERESTS OF THE JUVENILE AND POTENTIAL RISK OF HARM TO THE JUVENILE,
WHETHER A COMPELLING REASON EXISTS FOR RELEASE OF THE INFORMATION, AND
WHETHER THE RELEASE IS NECESSARY FOR THE PROTECTION OF AN IMPORTANT
INTEREST.
(E) THE COURT MAY IMPOSE RESTRICTIONS ON THE USE AND RE-DISCLOSURE OF
THE RELEASED INFORMATION.
4. AN OFFICER OF THE COURT WITH WHOM THE PROCEEDINGS PURSUANT TO THIS
ARTICLE ARE FILED, OR HIS OR HER CLERK, EITHER BEFORE OR AFTER THE
CONCLUSION OF SUCH PROCEEDINGS, SHALL NOT PERMIT A COPY OF ANY OF THE
DOCUMENTS RELATING TO SUCH PROCEEDINGS TO BE TAKEN OR SEEN BY ANY PERSON
OTHER THAN THE RESPONDENT, THE ATTORNEY FOR THE CHILD, AN ATTORNEY
A. 6289--B 3
EMPLOYED BY THE PRESENTMENT AGENCY, OR AN OFFICIAL EMPLOYED BY THE
PROBATION SERVICE, EXCEPT BY ORDER OF THE COURT.
5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION, AN OFFICER OF THE COURT, OR HIS OR HER CLERK, SHALL NOT PERMIT
ACCESS OF ANY PERSON TO A RECORD WHICH HAS BEEN EXPUNGED PURSUANT TO
SECTION 375.1 OR SECTION 375.2 OF THIS ARTICLE.
6. A VIOLATION OF THIS SECTION SHALL CREATE A CAUSE OF ACTION FOR
CIVIL DAMAGES OF UP TO ONE THOUSAND DOLLARS.
§ 2. The section heading and subdivisions 1 and 2 of section 354.1 of
the family court act, the section heading as added by chapter 920 of the
laws of 1982 and subdivisions 1 and 2 as amended by chapter 810 of the
laws of 2021, are amended and two new subdivisions 8 and 9 are added to
read as follows:
Retention and destruction of fingerprints; DNA AND OTHER GENETIC MATE-
RIAL of persons alleged to be juvenile delinquents. 1. If a person
whose fingerprints, palmprints or photographs were taken pursuant to
section 306.1 OF THIS ARTICLE or WHO was initially fingerprinted as a
juvenile OR ADOLESCENT offender and the action is subsequently removed
to a family court pursuant to article seven hundred twenty-five OR ARTI-
CLE SEVEN HUNDRED TWENTY-TWO of the criminal procedure law is adjudi-
cated to be a juvenile delinquent for a felony, the family court shall
forward or cause to be forwarded to the division of criminal justice
services notification of such adjudication and such related information
as may be required by such division, provided, however, in the case of a
person twelve years of age such notification shall be provided only if
the act upon which the adjudication is based would constitute a class A
or B felony.
2. If a person whose fingerprints, palmprints or photographs were
taken pursuant to section 306.1 OF THIS ARTICLE or WHO was initially
fingerprinted as a juvenile OR ADOLESCENT offender and the action is
subsequently removed to family court pursuant to article seven hundred
twenty-five OR ARTICLE SEVEN HUNDRED TWENTY-TWO of the criminal proce-
dure law has had all petitions disposed of by the family court in any
manner other than an adjudication of juvenile delinquency for a felony,
but in the case of acts committed when such person was twelve years of
age [which would constitute] OTHER THAN AN ADJUDICATION OF JUVENILE
DELINQUENCY FOR a class A or B felony [only], all such fingerprints,
palmprints, photographs, and copies thereof, and all information relat-
ing to such allegations obtained by the division of criminal justice
services pursuant to section 306.1 OF THIS ARTICLE shall be destroyed
forthwith. The clerk of the court shall notify the commissioner of the
division of criminal justice services and the heads of all police
departments and law enforcement agencies having copies of such records,
who shall destroy such records without unnecessary delay.
8. WHEN A PERSON WHOSE FINGERPRINTS, PALMPRINTS OR PHOTOGRAPHS WERE
TAKEN PURSUANT TO SECTION 306.1 OF THIS ARTICLE AND WHO IS SUBSEQUENTLY
ADJUDICATED A JUVENILE DELINQUENT FOR A FELONY, BUT IN THE CASE OF ACTS
COMMITTED WHEN SUCH PERSON WAS TWELVE YEARS OF AGE OTHER THAN AN ADJUDI-
CATION OF JUVENILE DELINQUENCY FOR A CLASS A OR B FELONY, AND THE CASE
IS EXPUNGED PURSUANT TO SECTION 375.1 OR SECTION 375.2 OF THIS ARTICLE,
ALL FINGERPRINTS, PALMPRINTS, PHOTOGRAPHS, AND RELATED INFORMATION AND
COPIES THEREOF OBTAINED PURSUANT TO SECTION 306.1 OF THIS ARTICLE IN THE
POSSESSION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, ANY POLICE
DEPARTMENT, LAW ENFORCEMENT AGENCY OR ANY OTHER AGENCY SHALL BE
DESTROYED FORTHWITH. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
NOTIFY THE AGENCY OR AGENCIES WHICH FORWARDED FINGERPRINTS TO SUCH DIVI-
A. 6289--B 4
SION PURSUANT TO SECTION 306.1 OF THIS ARTICLE OF THEIR OBLIGATION TO
DESTROY THOSE RECORDS IN THEIR POSSESSION.
9. IF ANY DNA OR OTHER GENETIC MATERIAL WAS OBTAINED FROM A JUVENILE
BY ANY LAW ENFORCEMENT OFFICER OR OTHER PUBLIC SERVANT ACTING IN THE
COURSE OF HIS OR HER OFFICIAL DUTIES OR BY A STATE OR LOCAL GOVERNMENT
ENTITY, OTHER THAN DNA OR OTHER GENETIC MATERIAL OBTAINED IN CONNECTION
WITH A PARENTAGE OR RELATED PROCEEDING OR A JUVENILE OFFENDER OR ADOLES-
CENT OFFENDER PROCEEDING NOT REMOVED TO THE FAMILY COURT, SUCH MATERIAL
AND ANY ANALYSES OR REPORTS REGARDING SUCH MATERIAL, AS WELL AS ANY
RECORD INCLUDED IN ANY DNA IDENTIFICATION INDEX MAINTAINED BY ANY
GOVERNMENT ENTITY, SHALL BE EXPUNGED FORTHWITH. ANY DNA OR OTHER GENETIC
MATERIAL OBTAINED IN CONNECTION WITH A PARENTAGE PROCEEDING RELATED
THERETO OR ANY JUVENILE OFFENDER OR ADOLESCENT OFFENDER PROCEEDING MAY
BE USED ONLY IN CONNECTION WITH SUCH PROCEEDING AND MAY NOT BE DISCLOSED
TO OR UTILIZED BY ANY LAW ENFORCEMENT AGENCY OR ADMITTED INTO EVIDENCE
IN ANY PROCEEDING UNDER THIS ARTICLE.
§ 3. Section 375.1 of the family court act, as added by chapter 920
of the laws of 1982, subdivision 1 as amended by chapter 41 of the laws
of 2010, paragraphs (d), (f) and (h) of subdivision 2 and subdivision 3
as amended and paragraph (i) of subdivision 2 as added by chapter 398 of
the laws of 1983, is amended to read as follows:
§ 375.1. Order upon termination of a delinquency action in favor of
the respondent. 1. Upon termination of a delinquency proceeding against
a respondent in favor of such respondent, unless the presentment agency
upon written motion with not less than eight days notice to such
respondent demonstrates to the satisfaction of the court that the inter-
ests of justice require otherwise or the court on its own motion with
not less than eight days notice to such respondent determines that the
interest of justice require otherwise and states the reason for such
determination on the record, the clerk of the court shall immediately
notify the counsel for the child, the director of the appropriate
presentment agency, and the heads of the appropriate probation depart-
ment and police department or other law enforcement agency, that the
proceeding has terminated in favor of the respondent and, unless the
court has directed otherwise, that the records of such action or
proceeding, other than those destroyed pursuant to section 354.1 of this
act, shall be [sealed] EXPUNGED. Upon receipt of such notification 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, the prosecution and the
probation service proceedings, including all duplicates or copies there-
of, on file with the court, police agency, probation service and
presentment agency shall be [sealed] EXPUNGED, and not made available to
any person or public or private agency; PROVIDED, HOWEVER, THAT THE
PROBATION SERVICE MAY RETAIN A COPY OF THE RECORD UNDER SEAL SOLELY IN
ORDER TO COMPLY WITH SUBDIVISION FOUR OF SECTION 308.1 OF THIS ARTICLE
UNTIL THE RESPONDENT'S EIGHTEENTH BIRTHDAY OR THE CONCLUSION OF THEIR
PROBATION SUPERVISION, AT WHICH TIME ALL RECORDS SHALL BE EXPUNGED.
Such records shall remain sealed during the pendency of any motion made
pursuant to this subdivision.
2. THE EFFECT OF HAVING A RECORD EXPUNGED, WHETHER PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION OR PURSUANT TO SECTION 375.2 OF THIS PART,
SHALL BE THAT ALL JUVENILE RECORDS SHALL BE DESTROYED AND THEREAFTER NO
PERSON OR AGENCY SHALL BE ALLOWED TO RELEASE ANY INFORMATION CONCERNING
SUCH RECORD, EXCEPT AS PROVIDED BY THIS SECTION. THE COURT, JUVENILE
PROBATION OFFICE, LAW ENFORCEMENT OFFICES, PRESENTMENT AGENCY AND ANY
A. 6289--B 5
OTHER RELEVANT AGENCY SHALL REPLY TO AN INQUIRY THAT NO JUVENILE RECORD
EXISTS WITH RESPECT TO THE PERSON WHOSE RECORD WAS EXPUNGED.
3. WITH RESPECT TO THE MATTER IN WHICH THE RECORD WAS EXPUNGED AND ANY
PRECEDING ACTION RESULTING FROM THE SAME ALLEGED CONDUCT, THE PERSON WHO
IS THE SUBJECT OF THE RECORD AND THE PERSON'S PARENT SHALL NOT BE HELD
THEREAFTER UNDER ANY PROVISION OF LAW TO BE GUILTY OF PERJURY OR OTHER-
WISE GIVING A FALSE STATEMENT BY REASON OF THE PERSON'S FAILURE TO
RECITE OR ACKNOWLEDGE SUCH RECORD.
4. For the purposes of subdivision one OF THIS SECTION, a delinquency
proceeding shall be considered terminated in favor of a respondent
where:
(a) the petition is withdrawn; or
(b) the petition is dismissed under section 315.1 or 315.2 OF THIS
ARTICLE and the presentment agency has not appealed from such order or
the determination of an appeal or appeals from such order has been
against the presentment agency; or
(c) the petition has been deemed to have been dismissed under section
315.3 and the presentment agency has not appealed from such order or the
determination of an appeal or appeals from such order has been against
the presentment agency; PROVIDED, HOWEVER, THAT AN AGREEMENT TO PREVENT
EXPUNGEMENT UNDER THIS SECTION MAY NOT BE REQUIRED AS A CONDITION OF AN
ADJOURNMENT IN CONTEMPLATION OF DISMISSAL UNDER SECTION 315.3 OF THIS
ARTICLE; or
(d) the petition is dismissed without prejudice under subdivision four
of section 325.3 OF THIS ARTICLE and the presentment agency has not
appealed from such order or the determination of an appeal or appeals
from such order has been against the presentment agency; or
(e) the entire petition has been dismissed under subdivision two of
section 345.1 OF THIS ARTICLE; or
(f) the petition is dismissed under subdivision two of section 352.1
OF THIS PART; or
(g) prior to the filing of a petition, the probation department has
adjusted the case or terminated the case without adjustment; or
(h) prior to the filing of a petition the presentment agency chooses
not to proceed to petition; or
(i) the petition is dismissed pursuant to a motion made in accordance
with subdivision eight, nine or ten of section 332.1 OF THIS ARTICLE; OR
(J) FOLLOWING AN ARREST, THE ARRESTING POLICE AGENCY, PRIOR TO THE
FILING OF AN ACCUSATORY INSTRUMENT IN COURT, ELECTS NOT TO PROCEED
FURTHER; OR
(K) THE RESPONDENT WAS ADJUDICATED FOR AN ACT THAT IF COMMITTED BY AN
ADULT WOULD CONSTITUTE A CRIME UNDER FORMER SECTIONS 221.15, 221.20,
221.35, 221.40 OR 240.37 OR SECTION 240.36 OF THE PENAL LAW; OR
(L) THE RESPONDENT WAS ADJUDICATED FOR AN ACT THAT WAS COMMITTED WHEN
THE RESPONDENT WAS UNDER THE AGE OF TWELVE, OTHER THAN THE ACTS ENUMER-
ATED IN SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION 301.2 OF THIS ARTICLE.
5. WHEN A PERSON WAS PREVIOUSLY ADJUDICATED DELINQUENT AS DESCRIBED IN
PARAGRAPH (K) OR (L) OF SUBDIVISION FOUR OF THIS SECTION, THE CHIEF
ADMINISTRATIVE JUDGE OF THE STATE OF NEW YORK SHALL, IN ACCORDANCE WITH
THIS SECTION, AUTOMATICALLY VACATE, DISMISS, AND EXPUNGE SUCH ADJUDI-
CATION, AND THE OFFICE OF COURT ADMINISTRATION SHALL IMMEDIATELY NOTIFY
THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES, DIRECTING THAT SUCH
AGENCY NOTIFY ALL RELEVANT POLICE AND LAW ENFORCEMENT AGENCIES OF THEIR
DUTY TO DESTROY ALL RECORDS RELATED TO SUCH CASE.
A. 6289--B 6
[3.] 6. Records sealed pursuant to subdivision one shall be made
available to the respondent or his designated agent and the records and
papers of a probation service shall be available to any probation
service for the purpose of complying with subdivision four of section
308.1 OF THIS ARTICLE.
[4.] 7. If prior to the filing of a petition the presentment agency
elects not to commence a delinquency action it shall serve a certif-
ication of such disposition upon the appropriate probation service and
the appropriate police department or law enforcement agency, which, upon
receipt [thereto] THEREOF, shall comply with the provision of subdivi-
sion one OF THIS SECTION in the same manner as is required with respect
to an order of the court.
[5.] 8. If the probation service adjusts a delinquency case it shall
serve a certification of such disposition upon the appropriate police
department or law enforcement agency which, upon receipt thereof, shall
comply with the provisions of subdivision one OF THIS SECTION in the
same manner as is required thereunder with respect to an order of a
court.
[6.] 9. A respondent in whose favor a delinquency proceeding was
terminated prior to the effective date of this section may upon motion
apply to the court, upon not less than twenty days notice to the
presentment agency, for an order granting him the relief set forth in
subdivision one, and such order shall be granted unless the presentment
agency demonstrates to the satisfaction of the court that the interests
of justice require otherwise. A respondent in whose favor a delinquency
action or proceeding was terminated as defined by subdivisions four and
five, prior to the effective date of this section, may apply to the
appropriate presentment agency or probation service for a certification
as described in such subdivisions granting him the relief set forth
therein and such certification shall be granted by such presentment
agency or probation service.
10. THE CHIEF ADMINISTRATIVE JUDGE OF THE STATE OF NEW YORK SHALL, IN
ACCORDANCE WITH THIS SECTION, AUTOMATICALLY EXPUNGE THE JUVENILE RECORD
OF A RESPONDENT IN WHOSE FAVOR A DELINQUENCY PROCEEDING WAS TERMINATED
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION, AND THE OFFICE OF COURT
ADMINISTRATION SHALL IMMEDIATELY NOTIFY THE STATE DIVISION OF CRIMINAL
JUSTICE SERVICES, DIRECTING THAT SUCH AGENCY NOTIFY ALL RELEVANT POLICE
AND LAW ENFORCEMENT AGENCIES OF THEIR DUTY TO DESTROY ALL RECORDS
RELATED TO SUCH CASE.
§ 4. Section 375.2 of the family court act, as added by chapter 920 of
the laws of 1982, subdivision 6 as amended by section 77 of part WWW of
chapter 59 of the laws of 2017, and subdivision 7 as added by chapter
813 of the laws of 2021, is amended to read as follows:
§ 375.2. Motion to [seal] EXPUNGE AND AUTOMATIC EXPUNGEMENT after a
finding. 1. If an action has resulted in a finding of delinquency pursu-
ant to subdivision one of section 352.1 OF THIS ARTICLE, [other than a
finding that the respondent committed a designated felony act,] the
court may, in the interest of justice and upon motion of the respondent,
order the [sealing] EXPUNGEMENT of appropriate records pursuant to
subdivision one of section 375.1 OF THIS PART.
2. Such motion must be in writing and may be filed at any time subse-
quent to the [entering of such finding] CONCLUSION OF THE PERIOD OF ANY
DISPOSITION, INCLUDING, BUT NOT LIMITED TO, THE EXPIRATION OF THE PERIOD
OF PLACEMENT, CONDITIONAL DISCHARGE, ORDER OF PROTECTION, ORDER OF
RESTITUTION, ORDER OF PROBATION OR ANY EXTENSION THEREOF. Notice of such
motion shall be served upon the presentment agency not less than eight
A. 6289--B 7
days prior to the return date of the motion. Answering affidavits shall
be served at least two days before such time. THE COURT SHALL RULE ON
THE EXPUNGEMENT AFTER CONSIDERING THE FOLLOWING:
(A) THE BEST INTERESTS OF THE PERSON;
(B) THE AGE OF THE PERSON DURING HIS OR HER CONTACT WITH THE FAMILY
COURT OR LAW ENFORCEMENT AGENCY;
(C) THE NATURE OF THE OFFENSE;
(D) THE DISPOSITION OF THE CASE;
(E) THE MANNER IN WHICH THE PERSON PARTICIPATED IN ANY COURT ORDERED
REHABILITATIVE PROGRAMMING OR SUPERVISED SERVICES;
(F) THE TIME DURING WHICH THE PERSON HAS BEEN WITHOUT CONTACT WITH THE
JUVENILE COURT;
(G) WHETHER THE PERSON HAS ANY SUBSEQUENT CRIMINAL CONVICTIONS; AND
(H) THE ADVERSE CONSEQUENCES THE PERSON WILL SUFFER AS A RESULT OF
RETENTION OF HIS OR HER RECORD.
3. The court shall state on the record its reasons for granting or
denying the motion.
4. [If such motion is denied, it may not be renewed for a period of
one year, unless the order of denial permits renewal at an earlier time.
5.] The court shall not order the [sealing] EXPUNGEMENT of any record
except as prescribed by this section or section 375.1 OF THIS PART.
[6. Such a motion cannot be filed until the respondent's sixteenth
birthday, or, commencing October first, two thousand eighteen, the
respondent's seventeenth birthday, or commencing October first, two
thousand nineteen, the respondent's eighteenth birthday.
7.] 5. Where an order of fact-finding has been issued pursuant to
subdivision one of section 345.1 of this article that includes solely a
violation as defined in subdivision three of section 10.00 of the penal
law committed by a juvenile sixteen years of age or, commencing on Octo-
ber first, two thousand nineteen, seventeen years of age, the records
shall be [sealed] EXPUNGED automatically at the expiration, as applica-
ble, of a successful period of an adjustment, adjournment in contem-
plation of dismissal or conditional discharge.
6. IF AN ACTION HAS RESULTED IN A FINDING OF DELINQUENCY PURSUANT TO
SUBDIVISION ONE OF SECTION 352.1 OF THIS ARTICLE, ALL RECORDS OF SUCH
ACTION OR PROCEEDING NOT ALREADY EXPUNGED SHALL BE AUTOMATICALLY
EXPUNGED BY THE COURT UPON THE ATTAINMENT OF THE RESPONDENT'S TWENTY-
FIRST BIRTHDAY.
7. IF EXPUNGEMENT IS OBTAINED AUTOMATICALLY OR BY MOTION, THE CLERK OF
THE COURT SHALL NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES, THE ATTORNEY FOR THE CHILD, THE DIRECTOR OF THE APPRO-
PRIATE PRESENTMENT AGENCY, THE HEAD OF THE APPROPRIATE PROBATION DEPART-
MENT, THE HEADS OF ALL POLICE DEPARTMENTS AND LAW ENFORCEMENT AGENCIES
AND ALL OTHER AGENCIES NAMED IN THE COURT FILES, INCLUDING OTHER STATE
AGENCIES WHICH MAY HAVE RECORDS OF THE JUVENILE'S ADJUDICATION,
DETENTION, AND TREATMENT FACILITIES, WHO SHALL DESTROY SUCH RECORDS
WITHOUT UNNECESSARY DELAY. EACH AGENCY SHALL AFFIRM IN AN AFFIDAVIT OF
EXPUNGEMENT TO THE COURT THAT IT DESTROYED ALL PAPER AND ELECTRONIC
COPIES OF THE EXPUNGED RECORDS. THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL NOTIFY THE AGENCY OR AGENCIES WHICH FORWARDED ANY JUVE-
NILE RECORDS OF THEIR OBLIGATION TO DESTROY THOSE RECORDS IN THEIR
POSSESSION.
8. AN AGREEMENT BY THE RESPONDENT TO PREVENT EXPUNGEMENT UNDER THIS
SECTION MAY NOT BE A CONDITION FOR THE RESPONDENT TO ENTER AN ADMISSION
TO A REDUCED CHARGE PURSUANT TO SECTION 321.3 OF THIS ARTICLE.
A. 6289--B 8
§ 5. Section 381.2 of the family court act, as added by chapter 920 of
the laws of 1982, subdivision 2 as amended by chapter 926 of the laws of
1982, is amended to read as follows:
§ 381.2. Use of records in other courts. 1. 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.
2. Notwithstanding the provisions of subdivision one OF THIS SECTION,
another court, in imposing sentence upon an adult after conviction may
receive and consider the records and information on file with the family
court, unless such records and information have been [sealed] EXPUNGED
pursuant to section 375.1 OR SECTION 375.2 OF THIS ARTICLE.
§ 6. Section 381.3 of the family court act, as added by chapter 920 of
the laws of 1982, paragraph (b) of subdivision 2 as amended by chapter
926 of the laws of 1982, is amended to read as follows:
§ 381.3. Use of [police] LAW ENFORCEMENT records. 1. All [police] LAW
ENFORCEMENT records relating to the arrest, DETENTION, APPREHENSION, and
disposition of any person under this article shall be kept in files
separate and apart from the arrests of adults and shall be withheld from
public inspection.
2. ALL LAW ENFORCEMENT RECORDS RELATING TO THE ARREST, DETENTION,
APPREHENSION, AND DISPOSITION OF ANY JUVENILES SHALL BE DESTROYED FORTH-
WITH UPON THE OCCURRENCE OF ONE OF THE FOLLOWING:
(A) AFTER THE ARREST OF SUCH PERSON, THE ARRESTING LAW ENFORCEMENT
AGENCY, PRIOR TO THE FILING OF AN ACCUSATORY INSTRUMENT IN COURT, ELECTS
NOT TO PROCEED FURTHER;
(B) PRIOR TO THE FILING OF A PETITION, THE PRESENTMENT AGENCY ELECTS
NOT TO COMMENCE A DELINQUENCY ACTION;
(C) PRIOR TO THE FILING OF A PETITION, THE PROBATION DEPARTMENT HAS
ADJUSTED THE CASE OR TERMINATED THE CASE WITHOUT ADJUSTMENT;
(D) TERMINATION OF THE DELINQUENCY ACTION IN FAVOR OF A RESPONDENT
PURSUANT TO SECTION 375.1 OF THIS ARTICLE; OR
(E) FOLLOWING A FINDING OF DELINQUENCY, SEALING OR EXPUNGEMENT IS
ORDERED PURSUANT TO SECTION 375.1 OR 375.2 OF THIS ARTICLE.
3. LAW ENFORCEMENT OR OTHER PUBLIC OFFICIALS MAY NOT ACCESS OR
DISCLOSE CONFIDENTIAL JUVENILE RECORDS WITHOUT A COURT ORDER FOLLOWING
NOTICE AND A HEARING PURSUANT TO SUBDIVISION FOUR OF SECTION 306.1 OF
THIS ARTICLE.
4. Notwithstanding the provisions of subdivision [one] THREE OF THIS
SECTION, the family court in the county in which the petition was adju-
dicated may, upon motion and for good cause shown, order such records
open:
(a) to the respondent or his OR HER parent or person responsible for
his OR HER care; or
(b) if the respondent is subsequently convicted of a crime, to a judge
of the court in which he was convicted, unless such record has been
[sealed] EXPUNGED pursuant to section 375.1 OR SECTION 375.2 OF THIS
ARTICLE.
[3.] 5. An order issued under subdivision [two] FOUR OF THIS SECTION
must be in writing.
6. FOR THE PURPOSES OF THIS SECTION, "RECORDS" SHALL INCLUDE LAW
ENFORCEMENT FILES, REPORTS, EXHIBITS OR OTHER MATERIAL WHICH CONTAINS
INFORMATION RELATING TO CONTACT WITH ANY LAW ENFORCEMENT AGENCY AND ALSO
INCLUDES ELECTRONIC INFORMATION RECORDED AND STORED STEMMING FROM AN
A. 6289--B 9
ARREST OR SUBSEQUENT INTERROGATIONS AND INTERVIEWS, AND SHALL ALSO APPLY
TO ANY INFORMATION THAT IS KEPT MANUALLY, THROUGH THE USE OF ELECTRONIC
DATA PROCESSING EQUIPMENT, THROUGH ELECTRONIC RECORDING OR BY ANY OTHER
MEANS BY A LAW ENFORCEMENT AGENCY OF THE STATE OF NEW YORK.
7. VIOLATION OF THIS SECTION SHALL CREATE A CAUSE OF ACTION FOR CIVIL
DAMAGES UP TO ONE THOUSAND DOLLARS.
§ 7. This act shall take effect on the ninetieth day after it shall
have become a law.