Bill Text: NY S04381 | 2025-2026 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - REFERRED TO CHILDREN AND FAMILIES [S04381 Detail]

Download: New_York-2025-S04381-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4381

                               2025-2026 Regular Sessions

                    IN SENATE

                                    February 4, 2025
                                       ___________

        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:

     1    Section 1. The family court act is amended by  adding  a  new  section
     2  301.5 to read as follows:
     3    § 301.5. Juvenile delinquency records. 1. An officer of the court with
     4  whom the proceedings pursuant to this article are filed, or their clerk,
     5  either  before  or  after  the  conclusion of said proceeding, shall not
     6  permit a copy of any of the documents relating to such proceeding to  be
     7  taken  or seen by any person other than the respondent, the attorney for
     8  the child, an attorney employed by the presentment agency, or  an  offi-
     9  cial employed by the probation service, except by order of the court.
    10    2.  Notwithstanding the provisions of subdivision one of this section,
    11  an officer of the court, or their clerk, shall not permit access of  any
    12  person  to  a  record  which  has been sealed pursuant to section 375.1,
    13  375.2, or 375.3.
    14    § 2. Section 375.1 of the family court act, as added by chapter 920 of
    15  the laws of 1982, subdivision 1 as amended by chapter 41 of the laws  of
    16  2010,  paragraphs (d), (f) and (h) of subdivision 2 and subdivision 3 as
    17  amended and paragraph (i) of subdivision 2 as added by  chapter  398  of
    18  the laws of 1983, is amended to read as follows:
    19    §  375.1.  Order  upon termination of a delinquency action in favor of
    20  the respondent.  1. Upon termination of a delinquency proceeding against
    21  a respondent in favor of such respondent, pursuant to subdivision  three
    22  except  paragraphs  (g) and (h) of such subdivision, unless the present-
    23  ment agency upon written motion with not less than eight days notice  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08451-01-5
        S. 4381                             2

     1  such  respondent  demonstrates to the satisfaction of the court that the
     2  interests of justice require otherwise or the court on  its  own  motion
     3  with  not less than eight days notice to such respondent determines that
     4  the interest of justice require otherwise and states the reason for such
     5  determination on the record, [the clerk of] the court shall [immediately
     6  notify  the  counsel  for  the  child,  the  director of the appropriate
     7  presentment agency, and the heads of the appropriate  probation  depart-
     8  ment  and  police  department  or other law enforcement agency, that the
     9  proceeding has terminated in favor of the  respondent  and,  unless  the
    10  court  has  directed  otherwise,  that  the  records  of  such action or
    11  proceeding, other than those destroyed pursuant  to  section  354.1  [of
    12  this  act], shall be sealed. Upon receipt of such notification all offi-
    13  cial records and papers, including judgments and orders  of  the  court,
    14  but  not  including  public  court  decisions or opinions or records and
    15  briefs on appeal, relating  to  the  arrest,  the  prosecution  and  the
    16  probation service proceedings, including all duplicates or copies there-
    17  of,  on  file  with  the  court,  police  agency,  probation service and
    18  presentment agency shall be sealed and not made available to any  person
    19  or public or private agency. Such records shall remain sealed during the
    20  pendency of any motion made pursuant to this subdivision] enter an order
    21  sealing the appropriate records.
    22    2.  Upon  entry of an order pursuant to subdivision one or pursuant to
    23  section 375.2 or 375.3 the clerk of court  shall  immediately  seal  the
    24  relevant  court records and shall immediately notify the director of the
    25  appropriate  presentment  agency,  and  the  heads  of  the  appropriate
    26  probation department, detention facility, police department or other law
    27  enforcement  agency  that,  unless the court has directed otherwise, the
    28  records of such action or proceeding, other than those destroyed  pursu-
    29  ant to section 354.1, shall be sealed.
    30    3. For the purposes of subdivision one, a delinquency proceeding shall
    31  be considered terminated in favor of a respondent where:
    32    (a) the petition is withdrawn; or
    33    (b)  the  petition  is  dismissed under section 315.1 or 315.2 and the
    34  presentment agency has not appealed from such order or the determination
    35  of an appeal or appeals from such order has been against the presentment
    36  agency; or
    37    (c) the petition has been deemed to have been dismissed under  section
    38  315.3 and the presentment agency has not appealed from such order or the
    39  determination  of  an appeal or appeals from such order has been against
    40  the presentment agency; or
    41    (d) the petition is dismissed without prejudice under subdivision four
    42  of section 325.3 and the presentment agency has not appealed  from  such
    43  order  or  the determination of an appeal or appeals from such order has
    44  been against the presentment agency; or
    45    (e) the entire petition has been dismissed under  subdivision  two  of
    46  section 345.1; or
    47    (f)  the petition is dismissed under subdivision two of section 352.1;
    48  or
    49    (g) prior to the filing of a petition, the  probation  department  has
    50  adjusted the case or terminated the case without adjustment; or
    51    (h)  prior  to the filing of a petition the presentment agency chooses
    52  not to proceed to petition; or
    53    (i) the petition is dismissed pursuant to a motion made in  accordance
    54  with subdivision eight, nine or ten of section 332.1.
    55    [3.]  4.  Records  sealed  pursuant  to  subdivision one shall be made
    56  available to the respondent or [his]  their  designated  agent  and  the
        S. 4381                             3

     1  records  and  papers  of  a  probation service shall be available to any
     2  probation service for the purpose of complying with subdivision four  of
     3  section 308.1.
     4    [4.]  5.  If  prior to the filing of a petition the presentment agency
     5  elects not to commence a delinquency action it  shall  serve  a  certif-
     6  ication  of  such disposition upon the appropriate probation service and
     7  the appropriate police department or law enforcement agency, which, upon
     8  receipt thereto, shall comply with the provision of subdivision  one  in
     9  the same manner as is required with respect to an order of the court.
    10    [5.]  6.  If the probation service adjusts a delinquency case it shall
    11  serve a certification of such disposition upon  the  appropriate  police
    12  department  or law enforcement agency which, upon receipt thereof, shall
    13  comply with the provisions of subdivision one in the same manner  as  is
    14  required thereunder with respect to an order of a court.
    15    [6.]  7.  A  respondent  in  whose  favor a delinquency proceeding was
    16  terminated prior to the effective date of this section may  upon  motion
    17  apply  to  the  court,  upon  not  less  than  twenty days notice to the
    18  presentment agency, for an order granting  [him]  them  the  relief  set
    19  forth  in  subdivision  one,  and such order shall be granted unless the
    20  presentment agency demonstrates to the satisfaction of  the  court  that
    21  the  interests of justice require otherwise. A respondent in whose favor
    22  a delinquency action or proceeding was terminated as defined by subdivi-
    23  sions [four and] five and six, prior  to  the  effective  date  of  this
    24  section,  may  apply  to the appropriate presentment agency or probation
    25  service for a certification as described in such  subdivisions  granting
    26  [him]  them the relief set forth therein and such certification shall be
    27  granted by such presentment agency or probation service.
    28    § 3. Subdivisions 1, 5 and 6 of section 375.2 of the family court act,
    29  subdivisions 1 and 5 as added by chapter 920 of the laws  of  1982,  and
    30  subdivision  6 as amended by section 77 of part WWW of chapter 59 of the
    31  laws of 2017, are amended to read as follows:
    32    1. If an action has resulted in a finding of delinquency  pursuant  to
    33  subdivision  one  of  section  352.1,  [other  than  a  finding that the
    34  respondent committed a designated felony act,] and the records have  not
    35  been  sealed  pursuant  to section 375.1 or 375.3, the court may, in the
    36  interest of justice and upon motion of the respondent, order the sealing
    37  of appropriate records pursuant to subdivision one of section 375.1.
    38    5. The court shall not order the  sealing  of  any  record  except  as
    39  prescribed by this section or section 375.1 or 375.3.
    40    6.  [Such  a  motion  cannot be filed until the respondent's sixteenth
    41  birthday, or, commencing  October  first,  two  thousand  eighteen,  the
    42  respondent's  seventeenth  birthday,  or  commencing  October first, two
    43  thousand nineteen, the respondent's eighteenth birthday] If the  finding
    44  relates  to  an act committed before the respondent attained age sixteen
    45  such a motion cannot be filed until the respondent's sixteenth birthday.
    46  If the finding related to an act committed subsequent  to  the  respond-
    47  ent's sixteenth birthday, such motion cannot be filed until the respond-
    48  ent has attained age eighteen.
    49    §  4.  Section  375.3  of  the  family court act is REPEALED and a new
    50  section 375.3 is added to read as follows:
    51    § 375.3. Post-finding sealing. 1. If an action has resulted in a find-
    52  ing of delinquency pursuant to subdivision  one  of  section  352.1  and
    53  every  specific  count of the petition upon which the fact-finding order
    54  entered pursuant to section 345.1 constitutes a misdemeanor if committed
    55  by an adult, and four years have elapsed since the finding was  entered,
    56  the  court shall enter an order sealing the appropriate records pursuant
        S. 4381                             4

     1  to subdivision one of section 375.1  and  the  clerk  shall  immediately
     2  transmit the notifications pursuant to subdivision two of section 375.1,
     3  and section 375.4.
     4    2.  If after an action has resulted in a finding of delinquency pursu-
     5  ant to subdivision one of section 352.1  and  every  specific  count  or
     6  counts  of the petition upon which the order entered pursuant to section
     7  345.1 constitute a misdemeanor or a non-violent felony if  committed  by
     8  an  adult,  and:    (a)  five  years  have elapsed since the finding was
     9  entered; (b) the respondent has had no subsequent adjudication of  juve-
    10  nile  delinquency  or  a criminal conviction; and (c) no juvenile delin-
    11  quency or criminal proceeding is then pending,  the  court  shall,  upon
    12  motion  of  the  respondent,  order  the  sealing of appropriate records
    13  pursuant to subdivision one of section 375.1  and  the  clerk  of  court
    14  shall immediately transmit the notifications pursuant to subdivision two
    15  of section 375.1, and section 375.4.
    16    §  5. The family court act is amended by adding a new section 375.4 to
    17  read as follows:
    18    § 375.4. Notice of sealing. Upon entering an order sealing appropriate
    19  records pursuant to sections 375.1, 375.2 and 375.3 the clerk  of  court
    20  shall serve the respondent and the attorney for the child with a copy of
    21  such  order  by  ordinary  mail  sent  to  the last known address of the
    22  respondent and the attorney for the child.
    23    § 6. The family court act is amended by adding a new section 375.5  to
    24  read as follows:
    25    §  375.5.  Expungement.  1.  The  court shall order the expungement of
    26  court records, and the records of the appropriate presentment agency and
    27  probation department, when the entire petition has been dismissed  under
    28  subdivision two of section 345.1.
    29    2.  Upon  expiration  of  one  year after termination of a delinquency
    30  proceeding in favor of a child under paragraph (g) or (h) of subdivision
    31  three of section 375.1 the director of the appropriate presentment agen-
    32  cy, and/or the head  of  the  appropriate  probation  department,  shall
    33  destroy  the agency's records of such proceeding when the highest charge
    34  made by the police department is a class E felony or a misdemeanor,  and
    35  the  child  was  less  than  thirteen  years of age when the alleged act
    36  occurred.  As appropriate, the presentment agency shall serve a  certif-
    37  ication  of  disposition  upon  the appropriate probation service, which
    38  shall destroy  the  probation  service's  records  in  the  same  manner
    39  required with respect to an order for the court.
    40    3.  Upon the filing of a written motion by the respondent on notice to
    41  the appropriate presentment agency, the court shall order  the  expunge-
    42  ment of court records, and/or the records of the appropriate presentment
    43  agency or probation department, when:
    44    (a)  the  respondent  has  no juvenile delinquency or criminal history
    45  aside from the proceeding in which the motion is made;
    46    (b) the proceeding did not result in a felony finding; and
    47    (c) respondent has reached the age of twenty-one.
    48    4. In all other cases except those in which a designated felony  find-
    49  ing  was  made,  the  court,  upon the filing of a written motion by the
    50  respondent on notice to the  appropriate  presentment  agency,  has  the
    51  authority  to  order  in its discretion and in the interests of justice,
    52  the expungement of court records, and/or the records of the  appropriate
    53  presentment agency or probation department.
    54    §  7.  This  act shall take effect on the ninetieth day after it shall
    55  have become a law.