New York: Juvenile Court Records and Law Enforcement Records (NY-AR-2)

Records relating to a delinquency proceeding terminated in favor of the respondent before April 14, 2010, will be sealed upon petition, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(6).

Record Detail(s)

Charges terminated in favor of petitioner

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

A petition must be filed with the court. The court will grant the motion unless the presentment agency demonstrates to the satisfaction of the court that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(6). For the specific procedure, see statute. N.Y. Fam. Ct. Act § 375.1(6).

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).

Waiting Periods

The petition can be filed at any time.

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