§ 783. Use of 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.

(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. Provided, however, that
foster care and preventive service records maintained by social services
departments relating to a proceeding under this article shall not be
subject to expungement or sealing under this section and shall be held
confidential in accordance with article six of the social services law.

(c) Automatic expungement of records of a proceeding under this
article that is terminated in favor of the respondent. (i) Upon
termination 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, a
local educational agency if an official of such agency was the
petitioner pursuant to section seven hundred thirty-three 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 agencies 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
enforcement 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
subdivision (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
agency of such determination. Such notification may be on a form
prescribed by the chief administrator of the courts and may be
transmitted by electronic 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 police department or law enforcement agency.
Upon receipt of such notification, the records shall be expunged in
accordance with subdivision (b) of this section in the same manner as is
required thereunder with respect to an order of a court, provided,
however, that the designated 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, upon
receipt of written notice the designated lead agency shall seal any
records related to the proceeding under this section that are in its
possession, but shall have access to such 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
determine 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 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 proceeding,
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
subdivision. Where a proceeding under this article was terminated in
favor of the respondent in accordance with paragraph (iii) or (iv) of
this subdivision 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 granting 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
article, 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
judgment, 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
designated 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 conclusion 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.