N.Y. Family Court Act § 354.1: Retention and destruction of fingerprints of persons alleged to be juvenile delinquents

§ 354.1. Retention and destruction of fingerprints of persons alleged

to be juvenile delinquents. 1. If a person whose fingerprints,

palmprints or photographs were taken pursuant to section 306.1 or was

initially fingerprinted as a juvenile offender and the action is

subsequently removed to a family court pursuant to article seven hundred

twenty-five of the criminal procedure law is adjudicated to be a

juvenile delinquent for a felony, the family court shall forward or

cause to be forwarded to the division of criminal justice services

notification of such adjudication and such related information as may be

required by such division, provided, however, in the case of a person

twelve years of age such notification shall be provided only if the act

upon which the adjudication is based would constitute a class A or B

felony.

2. If a person whose fingerprints, palmprints or photographs were

taken pursuant to section 306.1 or was initially fingerprinted as a

juvenile offender and the action is subsequently removed to family court

pursuant to article seven hundred twenty-five of the criminal procedure

law has had all petitions disposed of by the family court in any manner

other than an adjudication of juvenile delinquency for a felony, but in

the case of acts committed when such person was twelve years of age

which would constitute a class A or B felony only, all such

fingerprints, palmprints, photographs, and copies thereof, and all

information relating to such allegations obtained by the division of

criminal justice services pursuant to section 306.1 shall be destroyed

forthwith. The clerk of the court shall notify the commissioner of the

division of criminal justice services and the heads of all police

departments and law enforcement agencies having copies of such records,

who shall destroy such records without unnecessary delay.

3. If the appropriate presentment agency does not originate a

proceeding under section 310.1 for a case in which the potential

respondent's fingerprints were taken pursuant to section 306.1, the

presentment agency shall serve a certification of such action upon the

division of criminal justice services, and upon the appropriate police

department or law enforcement agency.

4. If, following the taking into custody of a person alleged to be a

juvenile delinquent and the taking and forwarding to the division of

criminal justice services of such person's fingerprints but prior to

referral to the probation department or to the family court, an officer

or agency, elects not to proceed further, such officer or agency shall

serve a certification of such election upon the division of criminal

justice services.

5. Upon certification pursuant to subdivision twelve of section 308.1

or subdivision three or four of this section, the department or agency

shall destroy forthwith all fingerprints, palmprints, photographs, and

copies thereof, and all other information obtained in the case pursuant

to section 306.1. Upon receipt of such certification, the division of

criminal justice services and all police departments and law enforcement

agencies having copies of such records shall destroy them.

6. If a person fingerprinted pursuant to section 306.1 and

subsequently adjudicated a juvenile delinquent for a felony, but in the

case of acts committed when such a person was twelve years of age which

would constitute a class A or B felony only, is subsequently convicted

of a crime, all fingerprints and related information obtained by the

division of criminal justice services pursuant to such section and not

destroyed pursuant to subdivisions two, five and seven or subdivision

twelve of section 308.1 shall become part of such division's permanent

adult criminal record for that person, notwithstanding section 381.2 or

381.3.

7. When a person fingerprinted pursuant to section 306.1 and

subsequently adjudicated a juvenile delinquent for a felony, but in the

case of acts committed when such person was twelve years of age which

would constitute a class A or B felony only, reaches the age of

twenty-one, or has been discharged from placement under this act for at

least three years, whichever occurs later, and has no criminal

convictions or pending criminal actions which ultimately terminate in a

criminal conviction, all fingerprints, palmprints, photographs, and

related information and copies thereof obtained pursuant to section

306.1 in the possession of the division of criminal justice services,

any police department, law enforcement agency or any other agency shall

be destroyed forthwith. The division of criminal justice services shall

notify the agency or agencies which forwarded fingerprints to such

division pursuant to section 306.1 of their obligation to destroy those

records in their possession. In the case of a pending criminal action

which does not terminate in a criminal conviction, such records shall be

destroyed forthwith upon such determination.