NY State Senate Bill 2023-S1935

Senate Bill S1935

2023-2024 Legislative Session

Provides for the confidentiality, sealing and expungement of juvenile delinquency records; repealer

download bill text pdf

Current 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
Jan 03, 2024	referred to children and families
Jan 17, 2023	referred to children and families

2023-S1935 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Add §§301.5, 375.3, 375.4 & 375.5, amd §§375.1 & 375.2, rpld §375.3, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7673
2021-2022: S3603

2023-S1935 (ACTIVE) - Summary

Provides for the confidentiality, sealing and expungement of juvenile delinquency records including providing notice to the respondent and attorney for the child when such acts of the court are ordered.

2023-S1935 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1935

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the family court act, in relation to providing for the
confidentiality, sealing, and expungement of juvenile delinquency
records; and to repeal section 375.3 of the family court act relating
thereto

 
PURPOSE:

This bill provides for the confidentiality, sealing, and expungement of
juvenile delinquency records; repealer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The family court act is amended by adding a new section
301.6, providing that an officer of the court with whom proceedings
pursuant to this article are filed, or his or her clerk, either before
or after the conclusion of the proceeding, must not permit a copy of any
of the documents relating to such proceeding to be taken or seen by any

person other than the respondent, the attorney for the child, an attor-
ney employed by the presentment agency, or an official employed by the
probation service, except as ordered by the court.

Notwithstanding the provisions of subdivision one of this section, an
officer of the court, or his or her clerk, may not permit access of any
person to a record that has been sealed. pursuant to sections 375.1,
375.2, or 375.3.

Section 2. 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 393 of
the laws of 1983, is amended to provide that upon termination of a
delinquency proceeding against a respondent in favor of such respondent
pursuant to subdivision three of this section except paragraphs (g) and
(h) , unless the presentment agency upon written motion with not less
than eight days notice to such respondent demonstrates to the satisfac-
tion of the court that the interest of justice requires 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 court mast
enter an order sealing the appropriate records.

Upon entry of an order pursuant to subdivision one or pursuant to
sections 375.2 or 375.3, the clerk of the court must immediately seal
the relevant court records and immediately notify the director of the
appropriate presentment agency, and the heads of the appropriate
probation department, detention facility, police department or other law
enforcement agency that, unless the court has directed otherwise, the
records of such action or proceeding, other than those destroyed pursu-
ant to section 354.1 of this act, must be sealed.

Section 3. Subdivision 1, 5 and 6 of section 375.2 of the family court
act, subdivision 1 and 5 as added by chapter 920 of the laws of 1982,
and subdivision 6 as amended by section 77 of part of chapter 59 of the
laws of 2017, are amended to provide that if an action results in a
finding of delinquency pursuant to subdivision one of Section 352.1 and
the records have not been sealed pursuant to Section 375.1 or 375.3, the
court may, in the interest of justice and upon notion of the respondent,
order the sealing of appropriate records pursuant to

Section 375.1. The court mar not order the sealing of any record except
as prescribed by this section or sections 375.1 and 375.3.If the finding
relates to an act committed before the respondent attained sixteen, such
a motion cannot be filed until the respondents sixteenth birthday. If
the finding, relates to an act committed subsequent to the respondent's
sixteenth birthday, such motion cannot be filed until the respondent has
attained age eighteen.

Section 4. Section 375.3 of the family court act is REPEALED and a new
section 375.3 is added to provide that if an action has resulted in a
finding of delinquency pursuant to subdivision one of section. 352.1 and
every specific count of the petition upon which the fact-finding order
entered pursuant to Section 335.1 constitutes a misdemeanor if committed
by an adult, and four years have elapsed since the finding was entered,
the court must enter an order sealing the appropriate records pursuant
to subdivision one of section 375.1 and the clerk must immediately tran-
smit the notification pursuant to subdivision two of section 375.1, and
section 375.4. If after an action has resulted in a finding of delin-
quency pursuant to subdivision one of Section 352.1 and every specific
count or counts of the petition upon which the order entered pursuant to

Section 315.1 constitutes a misdemeanor or a non-violent felony if
committed by an adult, and (a) five years have elapsed since the finding
was entered, (b) the respondent has had no subsequent adjudication of
juvenile delinquency or a criminal conviction, and

(c) no juvenile delinquency or criminal proceeding is then pending, the
court must, upon notion of the respondent, order the sealing of appro-
priate records pursuant to subdivision one of Section 375.1 and the
clerk of court must immediately transmit the notification pursuant to
subdivision 2 of section 375.1, and section 375.4.

Section 5. The family court act is amended by adding a new section 375.4
to provide that - upon entering an order sealing appropriate record:
pursuant to sections 375.1, 375.2, Ind 375.3 - the court clerk must
serve the respondent and the attorney for the child with a copy of such
order by ordinary mail sent to the last known address of the respondent
and the attorney for the child.

Section 6. The family court act is amended by adding a new section 375.5
to provide that the court must order the expungement of court records
and the records of the appropriate presentment agency and probation
department when the entire petition has been dismissed under subdivision
two of section 345.1.

Upon expiration of the one year after termination of a delinquency
proceeding in favor of a child under paragraph (.3) or (h) of subdivi-
sion three of section 375.1, the director of the appropriate presentment
agency, and/or the head of the appropriate probation department, must
destroy the agency's records of such proceedings when the highest charge
made by tie police department is a class S felony or a misdemeanor and
the child was less than thirteen years of age when the alleged act
occurred. As appropriate, the present agency must serve a certification
of disposition upon the appropriate probation service, which must then
destroy the probation service's records in the same manner required with
respect to an order for the court.

Upon the filing of a written motion by the respondent on notice to the
appropriate presentment agency, the court must order the expungement of
court records, and/or the records of the appropriate presentment agency
or probation department, when: (a) the respondent has no juvenile delin-
quency or criminal history aside from the proceeding in which the motion
is made; (17,) the proceeding did not result in a felony finding; and
(c) the respondent reached the age of twenty-one.  In all other cases
except those in which a designated felony finding was made, the court,
upon the filing of a written motion by the respondent on notice to the
appropriate present agency, has the authority to order in its discretion
and in the interests of justice, the expungement of court records,
and/or the records of the appropriate presentment agency or probation
department.

Section 7. The act will take effect on the ninetieth day after it
becomes a law.

 
JUSTIFICATION:

This bill provides for the confidentiality, sealing, and expungement of
juvenile delinquency records.

Effective October 7, 2017, a new section of the Criminal Procedure Law
(160.59) provides for the sealing of criminal conviction records in
certain circumstances upon motion by an adult defendant. Applicable to
misdemeanor cases and virtually all non violent felony offenses, the
statute permits the court to grant a motion to seal after the passage of
10 years, provided the defendant has not been convicted in the interven-
ing years and no charges are then pending. CPL 170.59 incorporates
criteria the court must consider in determining a sealing motion.

This measure, applicable to Family Court findings of delinquency, is
similar, though not identical, to CPL 160.59. The differences are that
misdemeanor findings are automatically- sealed after the passage of four
years, no motion is required, and minor youthful offenses should be
automatically protected after several years; (2) non-violent Family
Court felony records may be sealed upon motion, provided five years have
elapsed and the relevant juvenile has not in the interim, been found
guilty of delinquency or criminally convicted, and a criminal or JO case
is not pending in view of the fact that the non-violent offense was
committed b' a child, a. shorter waiting period is appropriate); and (3)
unlike CPL 160.59, the proposed legislation does not incorporate crite-
ria which the court must follow in determining a sealing motion (Family
Court historically exercises wide discretion).

As of October 7, 2017, the adult offender, convicted of a misdemeanor or
felony offense, has the ability to secure the sealing of his records.
Ironically, New York today protects the adult offender, but fails to
afford equal protection. to the child offender. If enacted, this measure
would abrogate the dichotomy.

 
FISCAL IMPACT ON THE STATE.:

None.
 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall 54 have
become a law.

2023-S1935 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1935
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 providing  for  the
   confidentiality,  sealing,  and  expungement  of  juvenile delinquency
   records; and to repeal section 375.3 of the family court act  relating
   thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The family court act is amended by  adding  a  new  section
 301.5 to read as follows:
   § 301.5. JUVENILE DELINQUENCY RECORDS. 1. 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 SAID  PROCEEDING,  SHALL
 NOT PERMIT A COPY OF ANY OF THE DOCUMENTS RELATING TO SUCH PROCEEDING TO
 BE  TAKEN  OR SEEN BY ANY PERSON OTHER THAN THE RESPONDENT, THE ATTORNEY
 FOR THE CHILD, AN ATTORNEY EMPLOYED BY THE  PRESENTMENT  AGENCY,  OR  AN
 OFFICIAL  EMPLOYED  BY  THE  PROBATION  SERVICE,  EXCEPT BY ORDER OF THE
 COURT.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE 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 SEALED PURSUANT TO SECTION 375.1,
 375.2, OR 375.3.
   § 2. 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, PURSUANT TO SUBDIVISION  THREE
 EXCEPT  PARAGRAPHS  (G) AND (H) OF SUCH SUBDIVISION, unless the present-
 ment agency upon written motion with not less than eight days notice  to
 such  respondent  demonstrates to the satisfaction of the court that the
 interests of justice require otherwise or the court on  its  own  motion

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05115-01-3
 S. 1935                             2
 
 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. Upon receipt of such notification all offi-
 cial 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 and not made available to any  person
 or public or private agency. Such records shall remain sealed during the
 pendency of any motion made pursuant to this subdivision] ENTER AN ORDER
 SEALING THE APPROPRIATE RECORDS.
   2.  UPON  ENTRY OF AN ORDER PURSUANT TO SUBDIVISION ONE OR PURSUANT TO
 SECTION 375.2 OR 375.3 THE CLERK OF COURT  SHALL  IMMEDIATELY  SEAL  THE
 RELEVANT  COURT RECORDS AND SHALL IMMEDIATELY NOTIFY THE DIRECTOR OF THE
 APPROPRIATE  PRESENTMENT  AGENCY,  AND  THE  HEADS  OF  THE  APPROPRIATE
 PROBATION DEPARTMENT, DETENTION FACILITY, POLICE DEPARTMENT OR OTHER LAW
 ENFORCEMENT  AGENCY  THAT,  UNLESS THE COURT HAS DIRECTED OTHERWISE, THE
 RECORDS OF SUCH ACTION OR PROCEEDING, OTHER THAN THOSE DESTROYED  PURSU-
 ANT TO SECTION 354.1, SHALL BE SEALED.
   3. For the purposes of subdivision one, 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 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; or
   (d) the petition is dismissed without prejudice under subdivision four
 of section 325.3 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; or
   (e) the entire petition has been dismissed under  subdivision  two  of
 section 345.1; or
   (f)  the petition is dismissed under subdivision two of section 352.1;
 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.
   [3.]  4.  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
 S. 1935                             3
 
 service for the purpose of complying with subdivision  four  of  section
 308.1.
   [4.]  5.  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, shall comply with the provision of subdivision  one  in
 the same manner as is required with respect to an order of the court.
   [5.]  6.  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 in the same manner  as  is
 required thereunder with respect to an order of a court.
   [6.]  7.  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  AND  SIX,  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.
   § 3. Subdivisions 1, 5 and 6 of section 375.2 of the family court act,
 subdivisions  1  and  5 as added by chapter 920 of the laws of 1982, and
 subdivision 6 as amended by section 77 of part WWW of chapter 59 of  the
 laws of 2017, are amended to read as follows:
   1.  If  an action has resulted in a finding of delinquency pursuant to
 subdivision one of  section  352.1,  [other  than  a  finding  that  the
 respondent  committed a designated felony act,] AND THE RECORDS HAVE NOT
 BEEN SEALED PURSUANT TO SECTION 375.1 OR 375.3, the court  may,  in  the
 interest of justice and upon motion of the respondent, order the sealing
 of appropriate records pursuant to subdivision one of section 375.1.
   5.  The  court  shall  not  order  the sealing of any record except as
 prescribed by this section or section 375.1 OR 375.3.
   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] IF THE FINDING
 RELATES TO AN ACT COMMITTED BEFORE THE RESPONDENT ATTAINED  AGE  SIXTEEN
 SUCH A MOTION CANNOT BE FILED UNTIL THE RESPONDENT'S SIXTEENTH BIRTHDAY.
 IF  THE  FINDING  RELATED TO AN ACT COMMITTED SUBSEQUENT TO THE RESPOND-
 ENT'S SIXTEENTH BIRTHDAY, SUCH MOTION CANNOT BE FILED UNTIL THE RESPOND-
 ENT HAS ATTAINED AGE EIGHTEEN.
   § 4. Section 375.3 of the family court  act  is  REPEALED  and  a  new
 section 375.3 is added to read as follows:
   § 375.3. POST-FINDING SEALING. 1. IF AN ACTION HAS RESULTED IN A FIND-
 ING  OF  DELINQUENCY  PURSUANT  TO  SUBDIVISION ONE OF SECTION 352.1 AND
 EVERY SPECIFIC COUNT OF THE PETITION UPON WHICH THE  FACT-FINDING  ORDER
 ENTERED PURSUANT TO SECTION 345.1 CONSTITUTES A MISDEMEANOR IF COMMITTED
 BY  AN ADULT, AND FOUR YEARS HAVE ELAPSED SINCE THE FINDING WAS ENTERED,
 THE COURT SHALL ENTER AN ORDER SEALING THE APPROPRIATE RECORDS  PURSUANT
 TO  SUBDIVISION  ONE  OF  SECTION  375.1 AND THE CLERK SHALL IMMEDIATELY
 S. 1935                             4
 
 TRANSMIT THE NOTIFICATIONS PURSUANT TO SUBDIVISION TWO OF SECTION 375.1,
 AND SECTION 375.4.
   2.  IF AFTER AN ACTION HAS RESULTED IN A FINDING OF DELINQUENCY PURSU-
 ANT TO SUBDIVISION ONE OF SECTION 352.1  AND  EVERY  SPECIFIC  COUNT  OR
 COUNTS  OF THE PETITION UPON WHICH THE ORDER ENTERED PURSUANT TO SECTION
 345.1 CONSTITUTE A MISDEMEANOR OR A NON-VIOLENT FELONY IF  COMMITTED  BY
 AN  ADULT,  AND:    (A)  FIVE  YEARS  HAVE ELAPSED SINCE THE FINDING WAS
 ENTERED; (B) THE RESPONDENT HAS HAD NO SUBSEQUENT ADJUDICATION OF  JUVE-
 NILE  DELINQUENCY  OR  A CRIMINAL CONVICTION; AND (C) NO JUVENILE DELIN-
 QUENCY OR CRIMINAL PROCEEDING IS THEN PENDING,  THE  COURT  SHALL,  UPON
 MOTION  OF  THE  RESPONDENT,  ORDER  THE  SEALING OF APPROPRIATE RECORDS
 PURSUANT TO SUBDIVISION ONE OF SECTION 375.1  AND  THE  CLERK  OF  COURT
 SHALL IMMEDIATELY TRANSMIT THE NOTIFICATIONS PURSUANT TO SUBDIVISION TWO
 OF SECTION 375.1, AND SECTION 375.4.
   §  5. The family court act is amended by adding a new section 375.4 to
 read as follows:
   § 375.4. NOTICE OF SEALING. UPON ENTERING AN ORDER SEALING APPROPRIATE
 RECORDS PURSUANT TO SECTIONS 375.1, 375.2 AND 375.3 THE CLERK  OF  COURT
 SHALL SERVE THE RESPONDENT AND THE ATTORNEY FOR THE CHILD WITH A COPY OF
 SUCH  ORDER  BY  ORDINARY  MAIL  SENT  TO  THE LAST KNOWN ADDRESS OF THE
 RESPONDENT AND THE ATTORNEY FOR THE CHILD.
   § 6. The family court act is amended by adding a new section 375.5  to
 read as follows:
   §  375.5.  EXPUNGEMENT.  1.  THE  COURT SHALL ORDER THE EXPUNGEMENT OF
 COURT RECORDS, AND THE RECORDS OF THE APPROPRIATE PRESENTMENT AGENCY AND
 PROBATION DEPARTMENT, WHEN THE ENTIRE PETITION HAS BEEN DISMISSED  UNDER
 SUBDIVISION TWO OF SECTION 345.1.
   2.  UPON  EXPIRATION  OF  ONE  YEAR AFTER TERMINATION OF A DELINQUENCY
 PROCEEDING IN FAVOR OF A CHILD UNDER PARAGRAPH (G) OR (H) OF SUBDIVISION
 THREE OF SECTION 375.1 THE DIRECTOR OF THE APPROPRIATE PRESENTMENT AGEN-
 CY, AND/OR THE HEAD  OF  THE  APPROPRIATE  PROBATION  DEPARTMENT,  SHALL
 DESTROY  THE AGENCY'S RECORDS OF SUCH PROCEEDING WHEN THE HIGHEST CHARGE
 MADE BY THE POLICE DEPARTMENT IS A CLASS E FELONY OR A MISDEMEANOR,  AND
 THE  CHILD  WAS  LESS  THAN  THIRTEEN  YEARS OF AGE WHEN THE ALLEGED ACT
 OCCURRED.  AS APPROPRIATE, THE PRESENTMENT AGENCY SHALL SERVE A  CERTIF-
 ICATION  OF  DISPOSITION  UPON  THE APPROPRIATE PROBATION SERVICE, WHICH
 SHALL DESTROY  THE  PROBATION  SERVICE'S  RECORDS  IN  THE  SAME  MANNER
 REQUIRED WITH RESPECT TO AN ORDER FOR THE COURT.
   3.  UPON THE FILING OF A WRITTEN MOTION BY THE RESPONDENT ON NOTICE TO
 THE APPROPRIATE PRESENTMENT AGENCY, THE COURT SHALL ORDER  THE  EXPUNGE-
 MENT OF COURT RECORDS, AND/OR THE RECORDS OF THE APPROPRIATE PRESENTMENT
 AGENCY OR PROBATION DEPARTMENT, WHEN:
   (A)  THE  RESPONDENT  HAS  NO JUVENILE DELINQUENCY OR CRIMINAL HISTORY
 ASIDE FROM THE PROCEEDING IN WHICH THE MOTION IS MADE;
   (B) THE PROCEEDING DID NOT RESULT IN A FELONY FINDING; AND
   (C) RESPONDENT HAS REACHED THE AGE OF TWENTY-ONE.
   4. IN ALL OTHER CASES EXCEPT THOSE IN WHICH A DESIGNATED FELONY  FIND-
 ING  WAS  MADE,  THE  COURT,  UPON THE FILING OF A WRITTEN MOTION BY THE
 RESPONDENT ON NOTICE TO THE  APPROPRIATE  PRESENTMENT  AGENCY,  HAS  THE
 AUTHORITY  TO  ORDER  IN ITS DISCRETION AND IN THE INTERESTS OF JUSTICE,
 THE EXPUNGEMENT OF COURT RECORDS, AND/OR THE RECORDS OF THE  APPROPRIATE
 PRESENTMENT AGENCY OR PROBATION DEPARTMENT.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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