S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6544
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2023
                                ___________
 
 Introduced  by  M.  of  A.  HEVESI -- (at request of the Office of Court
   Administration) -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08943-01-3
              

 A. 6544                             2
 
 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
 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
 A. 6544                             3
 
 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
 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-
 A. 6544                             4
 
 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.