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NY S04766

Bill

Status

Introduced

2/27/2017

Primary Sponsor

Tony Avella

Click for details

Origin

Senate

2017-2018 General Assembly

AI Summary

  • Amends Family Court Act Section 783 to establish automatic sealing of records when a proceeding is terminated in favor of the respondent, including cases that are diverted, withdrawn, dismissed, or result in an adjournment in contemplation of dismissal.

  • Defines "sealing" to mean all official records and papers relating to arrest, prosecution, court proceedings, and probation records are protected from public inspection and unavailable to any person or agency, except as specified in the law.

  • Requires the court clerk to immediately notify probation departments, designated lead agencies, police departments, and presentment agencies when a proceeding terminates in favor of the respondent so records can be sealed.

  • Allows the designated lead agency to retain access to sealed records where there is continuing contact with the child or where the local department of social services needs information to comply with social services law.

  • Permits respondents whose cases were terminated in their favor prior to the law's effective date to apply for retroactive sealing of records through motion to the court or notification from applicable agencies.

  • Allows courts to order sealing of records after adjudication and disposition if in the interest of justice, with notice requirements and written findings by the court.

Legislative Description

Relates to the sealing and expungement of records in persons in need of supervision cases in family court.

Last Action

COMMITTED TO RULES

6/20/2018

Committee Referrals

Rules6/20/2018
Children and Families1/3/2018
Rules6/21/2017
Children and Families2/27/2017

Full Bill Text

No bill text available