S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2441
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2025
                                ___________
 
 Introduced  by  M.  of  A.  HEVESI,  GONZALEZ-ROJAS,  TAPIA,  ROSENTHAL,
   BICHOTTE HERMELYN, PAULIN, CLARK, GIBBS,  R. CARROLL,  RAGA,  MAMDANI,
   SIMONE, MEEKS, SIMON, FORREST, TAYLOR -- read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the family court act, in relation to the confidentiality
   and expungement of records in juvenile delinquency 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. The family court act is amended by  adding  a  new  section
 301.5 to read as follows:
   § 301.5. CONFIDENTIALITY OF JUVENILE DELINQUENCY RECORDS. 1. "JUVENILE
 DELINQUENCY RECORD" REFERS TO THE RECORDS, REPORTS AND INFORMATION MAIN-
 TAINED  IN ANY FORM, INCLUDING ELECTRONIC, BY THE FAMILY COURT, JUVENILE
 PROBATION, THE PRESENTMENT AGENCY, STATE  CRIMINAL  JUSTICE  INFORMATION
 SYSTEMS,  LAW ENFORCEMENT AGENCIES OR ANY OTHER PUBLIC SERVANT DOCUMENT-
 ING THE JUVENILE'S CONTACT WITH THE JUVENILE  JUSTICE  SYSTEM  FROM  THE
 TIME OF INVESTIGATION AND ARREST.
   2.  THE FOLLOWING RECORDS, REPORTS, AND INFORMATION ACQUIRED OR GENER-
 ATED IN FAMILY COURT, JUVENILE PROBATION OR BY ARRESTS CONCERNING  JUVE-
 NILES  SHALL  BE  CONFIDENTIAL  AND  SHALL NOT BE OPEN TO INSPECTION NOR
 RELEASED TO ANY PERSON, DEPARTMENT, AGENCY, OR ENTITY:
   (A) JUVENILE LEGAL FILES, INCLUDING BUT NOT LIMITED TO:
   (I) JUVENILE DELINQUENCY PETITIONS;
   (II) ADOLESCENT OFFENDER PETITIONS IF THE  ACTION  IS  TRANSFERRED  OR
 REMOVED  TO FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF
 THE CRIMINAL PROCEDURE LAW;
   (III) JUVENILE OFFENDER PETITIONS IF THE ACTION IS REMOVED  TO  FAMILY
 COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
 PROCEDURE LAW;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00056-01-5
 A. 2441                             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
 THEIR 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
 THEIR 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 THEIR 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 EMPLOYED BY
 A. 2441                             3
 
 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  THEIR  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. 2441                             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 THEIR OFFICIAL DUTIES OR BY A STATE OR LOCAL GOVERNMENT ENTI-
 TY, OTHER THAN DNA OR OTHER GENETIC MATERIAL OBTAINED IN CONNECTION WITH
 A PARENTAGE OR RELATED PROCEEDING OR A JUVENILE OFFENDER  OR  ADOLESCENT
 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. 2441                             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 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;  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. 2441                             6
 
   [3.]  6.  Records  sealed  pursuant to subdivision one OF THIS SECTION
 shall be made available to the  respondent  or  [his]  THEIR  designated
 agent  and the records and papers of a probation service shall be avail-
 able to any probation service for the purpose of complying with subdivi-
 sion 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 RESPONDENT'S  relief
 set  forth  in  subdivision one OF THIS SECTION, 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 respond-
 ent  in whose favor a delinquency action or proceeding was terminated as
 defined by subdivisions [four and five] SEVEN AND EIGHT OF THIS SECTION,
 prior to the effective date of this section, may apply to the  appropri-
 ate  presentment  agency  or  probation  service  for a certification as
 described in such subdivisions granting [him] THE RESPONDENT 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
 A. 2441                             7
 
 motion  shall  be served upon the presentment agency not less than eight
 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 THE PERSON'S 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 SUCH PERSON'S 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. 2441                             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] SUCH PERSON to the
 court or to any officer thereof in any stage of the proceeding is admis-
 sible as evidence against [him or his] SUCH PERSON'S 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]  THE RESPONDENT'S parent or person
 responsible for [his] THE RESPONDENT'S care; or
   (b) if the respondent is subsequently convicted of a crime, to a judge
 of the court in which [he] SUCH RESPONDENT 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. 2441                             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.