New York: Juvenile Court Records and Law Enforcement Records (NY-AR-1)

Records relating to a delinquency proceeding terminated in favor of the respondent will be sealed immediately, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(1).

Record Detail(s)

Charges terminated in favor of petitioner

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(1). For the list of matters considered to be terminated in favor of a respondent, see section (2). N.Y. Fam. Ct. Act § 375.1.

Fees

There is no statutory language regarding fees.

Effect

All official records and papers, including judgments and orders of the court€š but not including public court decisions, opinions, records, and briefs on appeal relating to the arrest, prosecution, and probation service proceedings, including all duplicates or copies thereof, on file with the court, policy agency, probation service, and presentment agency will be sealed and not made available to any person or public or private agency. N.Y. Fam. Ct. Act § 375.1(1).The court shall enter an order sealing the appropriate records. N.Y. Fam. Ct. Act § 375.1

Waiting Periods

The record should be sealed immediately.

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