§ 354.1. Retention and destruction of fingerprints of persons alleged
to be juvenile delinquents. 1. If a person whose fingerprints,
palmprints or photographs were taken pursuant to section 306.1 or was
initially fingerprinted as a juvenile offender and the action is
subsequently removed to a family court pursuant to article seven hundred
twenty-five of the criminal procedure law is adjudicated 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 or was initially fingerprinted as a
juvenile offender and the action is subsequently removed to family court
pursuant to article seven hundred twenty-five of the criminal procedure
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 a class A or B felony only, all such
fingerprints, palmprints, photographs, and copies thereof, and all
information relating to such allegations obtained by the division of
criminal justice services pursuant to section 306.1 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.

3. If the appropriate presentment agency does not originate a
proceeding under section 310.1 for a case in which the potential
respondent's fingerprints were taken pursuant to section 306.1, the
presentment agency shall serve a certification of such action upon the
division of criminal justice services, and upon the appropriate police
department or law enforcement agency.

4. If, following the taking into custody of a person alleged to be a
juvenile delinquent and the taking and forwarding to the division of
criminal justice services of such person's fingerprints but prior to
referral to the probation department or to the family court, an officer
or agency, elects not to proceed further, such officer or agency shall
serve a certification of such election upon the division of criminal
justice services.

5. Upon certification pursuant to subdivision twelve of section 308.1
or subdivision three or four of this section, the department or agency
shall destroy forthwith all fingerprints, palmprints, photographs, and
copies thereof, and all other information obtained in the case pursuant
to section 306.1. Upon receipt of such certification, the division of
criminal justice services and all police departments and law enforcement
agencies having copies of such records shall destroy them.

6. If a person fingerprinted pursuant to section 306.1 and
subsequently adjudicated a juvenile delinquent for a felony, but in the
case of acts committed when such a person was twelve years of age which
would constitute a class A or B felony only, is subsequently convicted
of a crime, all fingerprints and related information obtained by the
division of criminal justice services pursuant to such section and not
destroyed pursuant to subdivisions two, five and seven or subdivision
twelve of section 308.1 shall become part of such division's permanent
adult criminal record for that person, notwithstanding section 381.2 or
381.3.

7. When a person fingerprinted pursuant to section 306.1 and
subsequently adjudicated a juvenile delinquent for a felony, but in the
case of acts committed when such person was twelve years of age which
would constitute a class A or B felony only, reaches the age of
twenty-one, or has been discharged from placement under this act for at
least three years, whichever occurs later, and has no criminal
convictions or pending criminal actions which ultimately terminate in a
criminal conviction, all fingerprints, palmprints, photographs, and
related information and copies thereof obtained pursuant to section
306.1 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
division pursuant to section 306.1 of their obligation to destroy those
records in their possession. In the case of a pending criminal action
which does not terminate in a criminal conviction, such records shall be
destroyed forthwith upon such determination.