N.Y. Family Court Act § 375.1: Order upon termination of a delinquency action in favor of the respondent

§ 375.1. Order upon termination of a delinquency action in favor of

the respondent. 1. Upon termination of a delinquency proceeding against

a respondent in favor of such respondent, unless the presentment agency

upon written motion with not less than eight days notice to such

respondent demonstrates to the satisfaction of the court that the

interests of justice require otherwise or the court on its own motion

with not less than eight days notice to such respondent determines that

the interest of justice require otherwise and states the reason for such

determination on the record, the clerk of the court shall immediately

notify the counsel for the child, the director of the appropriate

presentment agency, and the heads of the appropriate probation

department and police department or other law enforcement agency, that

the proceeding has terminated in favor of the respondent and, unless the

court has directed otherwise, that the records of such action or

proceeding, other than those destroyed pursuant to section 354.1 of this

act, shall be sealed. Upon receipt of such notification all official

records and papers, including judgments and orders of the court, but not

including public court decisions or opinions or records and briefs on

appeal, relating to the arrest, the prosecution and the probation

service proceedings, including all duplicates or copies thereof, on file

with the court, police agency, probation service and presentment agency

shall be sealed and not made available to any person or public or

private agency. Such records shall remain sealed during the pendency of

any motion made pursuant to this subdivision.

2. For the purposes of subdivision one, a delinquency proceeding shall

be considered terminated in favor of a respondent where:

(a) the petition is withdrawn; or

(b) the petition is dismissed under section 315.1 or 315.2 and the

presentment agency has not appealed from such order or the determination

of an appeal or appeals from such order has been against the presentment

agency; or

(c) the petition has been deemed to have been dismissed under section

315.3 and the presentment agency has not appealed from such order or the

determination of an appeal or appeals from such order has been against

the presentment agency; or

(d) the petition is dismissed without prejudice under subdivision four

of section 325.3 and the presentment agency has not appealed from such

order or the determination of an appeal or appeals from such order has

been against the presentment agency; or

(e) the entire petition has been dismissed under subdivision two of

section 345.1; or

(f) the petition is dismissed under subdivision two of section 352.1;

or

(g) prior to the filing of a petition, the probation department has

adjusted the case or terminated the case without adjustment; or

(h) prior to the filing of a petition the presentment agency chooses

not to proceed to petition; or

(i) the petition is dismissed pursuant to a motion made in accordance

with subdivision eight, nine or ten of section 332.1.

3. Records sealed pursuant to subdivision one shall be made available

to the respondent or his designated agent and the records and papers of

a probation service shall be available to any probation service for the

purpose of complying with subdivision four of section 308.1.

4. If prior to the filing of a petition the presentment agency elects

not to commence a delinquency action it shall serve a certification of

such disposition upon the appropriate probation service and the

appropriate police department or law enforcement agency, which, upon

receipt thereto, shall comply with the provision of subdivision one in

the same manner as is required with respect to an order of the court.

5. If the probation service adjusts a delinquency case it shall serve

a certification of such disposition upon the appropriate police

department or law enforcement agency which, upon receipt thereof, shall

comply with the provisions of subdivision one in the same manner as is

required thereunder with respect to an order of a court.

6. A respondent in whose favor a delinquency proceeding was terminated

prior to the effective date of this section may upon motion apply to the

court, upon not less than twenty days notice to the presentment agency,

for an order granting him the relief set forth in subdivision one, and

such order shall be granted unless the presentment agency demonstrates

to the satisfaction of the court that the interests of justice require

otherwise. A respondent in whose favor a delinquency action or

proceeding was terminated as defined by subdivisions four and five,

prior to the effective date of this section, may apply to the

appropriate presentment agency or probation service for a certification

as described in such subdivisions granting him the relief set forth

therein and such certification shall be granted by such presentment

agency or probation service.