N.Y. Family Court Act § 375.2: Motion to seal after a finding

§ 375.2. Motion to seal after a finding. 1. If an action has resulted

in a finding of delinquency pursuant to subdivision one of section

352.1, other than a finding that the respondent committed a designated

felony act, the court may, in the interest of justice and upon motion of

the respondent, order the sealing of appropriate records pursuant to

subdivision one of section 375.1.

2. Such motion must be in writing and may be filed at any time

subsequent to the entering of such finding. Notice of such motion shall

be served upon the presentment agency not less than eight days prior to

the return date of the motion. Answering affidavits shall be served at

least two days before such time.

3. The court shall state on the record its reasons for granting or

denying the motion.

4. If such motion is denied, it may not be renewed for a period of one

year, unless the order of denial permits renewal at an earlier time.

5. The court shall not order the sealing of any record except as

prescribed by this section or section 375.1.

6. Such a motion cannot be filed until the respondent's sixteenth

birthday, or, commencing October first, two thousand eighteen, the

respondent's seventeenth birthday, or commencing October first, two

thousand nineteen, the respondent's eighteenth birthday.

7. Where an order of fact-finding has been issued pursuant to

subdivision one of section 345.1 of this article that includes solely a

violation as defined in subdivision three of section 10.00 of the penal

law committed by a juvenile sixteen years of age or, commencing on

October first, two thousand nineteen, seventeen years of age, the

records shall be sealed automatically at the expiration, as applicable,

of a successful period of an adjustment, adjournment in contemplation of

dismissal or conditional discharge.