Bill Text: NY S08010 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the sealing and expungement of records in persons in need of supervision cases in family court; carves out certain foster care and preventive service records maintained by social services departments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-03-01 - SIGNED CHAP.94 [S08010 Detail]
Download: New_York-2023-S08010-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8010 IN SENATE January 5, 2024 ___________ Introduced by Sen. BRISPORT -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the family court act, in relation to expungement of records in persons in need of supervision cases in the family court The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 783 of the family court act, as amended by a chap- 2 ter of the laws of 2023 amending the family court act relating to 3 expungement of records in persons in need of supervision cases in the 4 family court, as proposed in legislative bills numbers S. 7444 and A. 5 6544, is amended to read as follows: 6 § 783. Use of records in other court; expungement of records. (a) 7 Neither the fact that a person was before the family court under this 8 article for a hearing nor any confession, admission or statement made by 9 him or her to the court or to any officer thereof in any stage of the 10 proceeding is admissible as evidence against him or her or his or her 11 interests in any other court. 12 (b) For purposes of this section, "expungement" shall mean that all 13 official records and papers, including judgments and orders of the 14 court, but not including public court decisions or opinions or records 15 and briefs on appeal, relating to the arrest, prosecution and court 16 proceedings and records of the probation service and designated lead 17 agency, including all duplicates or copies thereof, on file with the 18 court, police department and law enforcement agency, probation service, 19 designated lead agency and presentment agency, if any, shall be 20 destroyed and, except for records sealed as provided in paragraphs (v) 21 and (vi) of subdivision (c) of this section, shall not be made available 22 to any person or public or private agency. Provided, however, that 23 foster care and preventive service records maintained by social services 24 departments relating to a proceeding under this article shall not be 25 subject to expungement or sealing under this section and shall be held 26 confidential in accordance with article six of the social services law. 27 (c) Automatic expungement of records of a proceeding under this arti- 28 cle that is terminated in favor of the respondent. (i) Upon termination EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08943-02-4S. 8010 2 1 of a proceeding under this article in favor of the respondent, the clerk 2 of the court shall immediately notify and direct the directors of the 3 appropriate probation department, designated lead agency pursuant to 4 section seven hundred thirty-five of this article, a local educational 5 agency if an official of such agency was the petitioner pursuant to 6 section seven hundred thirty-three of this article and, if a presentment 7 agency represented the petitioner in the proceeding, such agency, that 8 the proceeding has terminated in favor of the respondent and that the 9 records, if any, of such action or proceeding on file with such offices 10 shall be expunged. If the respondent had been the subject of a warrant 11 or an arrest in connection with the proceeding, or law enforcement was 12 the referring agency or petitioner pursuant to section seven hundred 13 thirty-three of this article, the notice shall also be sent to the 14 appropriate police department or law enforcement agency. Upon receipt of 15 such notification, the records shall be expunged in accordance with 16 subdivision (b) of this section. The attorney for the respondent shall 17 be notified by the clerk of the court in writing of the date and agen- 18 cies and departments to which such notifications were sent. 19 (ii) For the purposes of this section, a proceeding under this article 20 shall be considered terminated in favor of a respondent where the 21 proceeding has been: 22 (A) diverted prior to the filing of a petition pursuant to subdivision 23 (g) of section seven hundred thirty-five of this article or subsequent 24 to the filing of a petition pursuant to subdivision (b) of section seven 25 hundred forty-two of this article; or 26 (B) withdrawn or dismissed for failure to prosecute, or for any other 27 reason at any stage; or 28 (C) dismissed following an adjournment in contemplation of dismissal 29 pursuant to subdivision (a) of section seven hundred forty-nine of this 30 article; or 31 (D) resulted in an adjudication where the only finding was for a 32 violation of former section 221.05 or section 230.00 of the penal law; 33 provided, however, that with respect to findings under this paragraph, 34 the expungement required by this section shall not take place until the 35 conclusion of the period of any disposition or extension under this 36 article. 37 (iii) If, with respect to a respondent who had been the subject of a 38 warrant or an arrest in connection with the proceeding, or law enforce- 39 ment was the referring agency, the designated lead agency diverts a case 40 either prior to or subsequent to the filing of a petition under this 41 article, the designated lead agency shall notify the appropriate 42 probation service and police department or law enforcement agency in 43 writing of such diversion. Such notification may be on a form 44 prescribed by the chief administrator of the courts. Upon receipt of 45 such notification, the probation service and police department or law 46 enforcement agency shall expunge any records in accordance with subdivi- 47 sion (b) of this section in the same manner as is required thereunder 48 with respect to an order of a court. 49 (iv) If, following the referral of a proceeding under this article for 50 the filing of a petition, the petitioner or, if represented by a 51 presentment agency, such agency, elects not to file a petition under 52 this article, the petitioner or, if applicable, the presentment agency, 53 shall notify the appropriate probation service and designated lead agen- 54 cy of such determination. Such notification may be on a form prescribed 55 by the chief administrator of the courts and may be transmitted by elec- 56 tronic means. If the respondent had been the subject of a warrant or anS. 8010 3 1 arrest in connection with the proceeding, or law enforcement was the 2 referring agency, the notification shall also be sent to the appropriate 3 police department or law enforcement agency. Upon receipt of such 4 notification, the records shall be expunged in accordance with subdivi- 5 sion (b) of this section in the same manner as is required thereunder 6 with respect to an order of a court, provided, however, that the desig- 7 nated lead agency may have access to its own records in accordance with 8 paragraph (v) of this subdivision. 9 (v) Where a proceeding has been diverted pursuant to subparagraph (A) 10 of paragraph (ii) of this subdivision or where a proceeding has been 11 referred for the filing of a petition but the potential petitioner or, 12 if represented by a presentment agency, such agency, elects not to file 13 a petition in accordance with paragraph (iv) of this subdivision, upon 14 receipt of written notice the designated lead agency shall seal [its] 15 any records related to the proceeding under this section that are in its 16 possession, but shall have access to [its own] such records solely for 17 the following purposes: 18 (A) where there is continuing or subsequent contact with the child 19 under this article; or 20 (B) where the information is necessary for such department to deter- 21 mine what services had been arranged or provided to the family or where 22 the commissioner determines that the information is necessary in order 23 for the commissioner of such department to comply with section four 24 hundred twenty-two-a of the social services law. 25 (vi) Records [expunged or] sealed under this section shall be made 26 available to the juvenile or his or her agent and, where the petitioner 27 or potential petitioner is a parent or other person legally responsible 28 for the juvenile's care, such parent or other person. No statement made 29 to a designated lead agency by the juvenile or his or her parent or 30 other person legally responsible that is contained in a record expunged 31 or sealed under this section shall be admissible in any court proceed- 32 ing, except upon the consent or at the request, respectively, of the 33 juvenile or his or her parent or other person legally responsible for 34 the juvenile's care. 35 (vii) A respondent in whose favor a proceeding was terminated prior to 36 the effective date of this paragraph may, upon motion, apply to the 37 court, upon not less than twenty days notice to the petitioner or (where 38 the petitioner is represented by a presentment agency) such agency, for 39 an order granting the relief set forth in paragraph (i) of this subdivi- 40 sion. Where a proceeding under this article was terminated in favor of 41 the respondent in accordance with paragraph (iii) or (iv) of this subdi- 42 vision prior to the effective date of this paragraph, the respondent may 43 apply to the designated lead agency, petitioner or presentment agency, 44 as applicable, for a notification as described in such paragraphs grant- 45 ing the relief set forth therein and such notification shall be granted. 46 (d) Motion to expunge after an adjudication and disposition. (i) If an 47 action has resulted in an adjudication and disposition under this arti- 48 cle, the court may, in the interest of justice and upon motion of the 49 respondent, order the expungement of the records and proceedings. 50 (ii) Such motion must be in writing and may be filed at any time 51 subsequent to the conclusion of the disposition, including, but not 52 limited to, the expiration of the period of placement, suspended judg- 53 ment, order of protection or probation or any extension thereof. Notice 54 of such motion shall be served not less than eight days prior to the 55 return date of the motion upon the petitioner or, if the petitioner wasS. 8010 4 1 represented by a presentment agency, such agency. Answering affidavits 2 shall be served at least two days before the return date. 3 (iii) The court shall set forth in a written order its reasons for 4 granting or denying the motion. If the court grants the motion, all 5 court records, as well as all records in the possession of the desig- 6 nated lead agency, the probation service, the presentment agency, if 7 any, and, if the respondent had been the subject of a warrant or an 8 arrest in connection with the proceeding, or if the police or law 9 enforcement agency was the referring agency or petitioner pursuant to 10 section seven hundred thirty-three of this article, the appropriate 11 police or law enforcement agency, shall be expunged in accordance with 12 subdivision (b) of this section. 13 (e) Automatic expungement of court records. All records under this 14 article shall be automatically expunged upon the respondent's twenty- 15 first birthday unless earlier expunged under this section, provided that 16 expungement under this paragraph shall not take place until the conclu- 17 sion of the period of any disposition or extension under this article. 18 (f) Expungement of court records; inherent power. Nothing contained 19 in this article shall preclude the court's use of its inherent power to 20 order the expungement of court records. 21 § 2. This act shall take effect on the same day and in the same manner 22 as a chapter of the laws of 2023 amending the family court act relating 23 to expungement of records in persons in need of supervision cases in the 24 family court, as proposed in legislative bills numbers S. 7444 and A. 25 6544, takes effect.
