N.Y. Criminal Procedure Law § 720.35: Youthful offender adjudication; effect thereof; records

§ 720.35 Youthful offender adjudication; effect thereof; records.

1. A youthful offender adjudication is not a judgment of conviction

for a crime or any other offense, and does not operate as a

disqualification of any person so adjudged to hold public office or

public employment or to receive any license granted by public authority

but shall be deemed a conviction only for the purposes of transfer of

supervision and custody pursuant to section two hundred fifty-nine-m of

the executive law. A defendant for whom a youthful offender adjudication

was substituted, who was originally charged with prostitution as defined

in section 230.00 of the penal law, shall be deemed a "sexually

exploited child" as defined in subdivision one of section four hundred

forty-seven-a of the social services law and therefore shall not be

considered an adult for purposes related to the charges in the youthful

offender proceeding or a proceeding under section 170.80 of this

chapter.

2. Except where specifically required or permitted by statute or upon

specific authorization of the court, all official records and papers,

whether on file with the court, a police agency or the division of

criminal justice services, relating to a case involving a youth who has

been adjudicated a youthful offender, are confidential and may not be

made available to any person or public or private agency, other than the

designated educational official of the public or private elementary or

secondary school in which the youth is enrolled as a student provided

that such local educational official shall only have made available a

notice of such adjudication and shall not have access to any other

official records and papers, such youth or such youth's designated agent

(but only where the official records and papers sought are on file with

a court and request therefor is made to that court or to a clerk

thereof), an institution to which such youth has been committed, the

department of corrections and community supervision and a probation

department of this state that requires such official records and papers

for the purpose of carrying out duties specifically authorized by law;

provided, however, that information regarding an order of protection or

temporary order of protection issued pursuant to section 530.12 of this

chapter or a warrant issued in connection therewith may be maintained on

the statewide automated order of protection and warrant registry

established pursuant to section two hundred twenty-one-a of the

executive law during the period that such order of protection or

temporary order of protection is in full force and effect or during

which such warrant may be executed. Such confidential information may be

made available pursuant to law only for purposes of adjudicating or

enforcing such order of protection or temporary order of protection and,

where provided to a designated educational official, as defined in

section 380.90 of this chapter, for purposes related to the execution of

the student's educational plan, where applicable, successful school

adjustment and reentry into the community. Such notification shall be

kept separate and apart from such student's school records and shall be

accessible only by the designated educational official. Such

notification shall not be part of such student's permanent school record

and shall not be appended to or included in any documentation regarding

such student and shall be destroyed at such time as such student is no

longer enrolled in the school district. At no time shall such

notification be used for any purpose other than those specified in this

subdivision.

3. If a youth who has been adjudicated a youthful offender is enrolled

as a student in a public or private elementary or secondary school the

court that has adjudicated the youth as a youthful offender shall

provide notification of such adjudication to the designated educational

official of the school in which such youth is enrolled as a student.

Such notification shall be used by the designated educational official

only for purposes related to the execution of the student's educational

plan, where applicable, successful school adjustment and reentry into

the community. Such notification shall be kept separate and apart from

such student's school records and shall be accessible only by the

designated educational official. Such notification shall not be part of

such student's permanent school record and shall not be appended to or

included in any documentation regarding such student and shall be

destroyed at such time as such student is no longer enrolled in the

school district. At no time shall such notification be used for any

purpose other than those specified in this subdivision.

4. Notwithstanding subdivision two of this section, whenever a person

is adjudicated a youthful offender and the conviction that was vacated

and replaced by the youthful offender finding was for a sex offense as

that term is defined in article ten of the mental hygiene law, all

records pertaining to the youthful offender adjudication shall be

included in those records and reports that may be obtained by the

commissioner of mental health or the commissioner of developmental

disabilities, as appropriate; the case review panel; and the attorney

general pursuant to section 10.05 of the mental hygiene law.