N.Y. CPL Law § 720.35 — New York Code / Act CPL / Part 3 / Title U / Article 720 / Section 720.35
Youthful offender adjudication; effect thereof; records
Status: in_force

§ 720.35 Youthful offender adjudication; effect thereof; records.\n  1. A youthful offender adjudication is not a judgment of conviction\nfor a crime or any other offense, and does not operate as a\ndisqualification of any person so adjudged to hold public office or\npublic employment or to receive any license granted by public authority\nbut shall be deemed a conviction only for the purposes of transfer of\nsupervision and custody pursuant to section two hundred fifty-nine-m of\nthe executive law. A defendant for whom a youthful offender adjudication\nwas substituted, who was originally charged with prostitution as defined\nin section 230.00 of the penal law, shall be deemed a "sexually\nexploited child" as defined in subdivision one of section four hundred\nforty-seven-a of the social services law and therefore shall not be\nconsidered an adult for purposes related to the charges in the youthful\noffender proceeding or a proceeding under section 170.80 of this\nchapter.\n  2. Except where specifically required or permitted by statute or upon\nspecific authorization of the court, all official records and papers,\nwhether on file with the court, a police agency or the division of\ncriminal justice services, relating to a case involving a youth who has\nbeen adjudicated a youthful offender, are confidential and may not be\nmade available to any person or public or private agency, other than the\ndesignated educational official of the public or private elementary or\nsecondary school in which the youth is enrolled as a student provided\nthat such local educational official shall only have made available a\nnotice of such adjudication and shall not have access to any other\nofficial records and papers, such youth or such youth's designated agent\n(but only where the official records and papers sought are on file with\na court and request therefor is made to that court or to a clerk\nthereof), an institution to which such youth has been committed, the\ndepartment of corrections and community supervision and a probation\ndepartment of this state that requires such official records and papers\nfor the purpose of carrying out duties specifically authorized by law;\nprovided, however, that information regarding an order of protection or\ntemporary order of protection issued pursuant to section 530.12 of this\nchapter or a warrant issued in connection therewith may be maintained on\nthe statewide automated order of protection and warrant registry\nestablished pursuant to section two hundred twenty-one-a of the\nexecutive law during the period that such order of protection or\ntemporary order of protection is in full force and effect or during\nwhich such warrant may be executed. Such confidential information may be\nmade available pursuant to law only for purposes of adjudicating or\nenforcing such order of protection or temporary order of protection and,\nwhere provided to a designated educational official, as defined in\nsection 380.90 of this chapter, for purposes related to the execution of\nthe student's educational plan, where applicable, successful school\nadjustment and reentry into the community. Such notification shall be\nkept separate and apart from such student's school records and shall be\naccessible only by the designated educational official. Such\nnotification shall not be part of such student's permanent school record\nand shall not be appended to or included in any documentation regarding\nsuch student and shall be destroyed at such time as such student is no\nlonger enrolled in the school district. At no time shall such\nnotification be used for any purpose other than those specified in this\nsubdivision.\n  3. If a youth who has been adjudicated a youthful offender is enrolled\nas a student in a public or private elementary or secondary school the\ncourt that has adjudicated the youth as a youthful offender shall\nprovide notification of such adjudication to the designated educational\nofficial of the school in which such youth is enrolled as a student.\nSuch notification shall be used by the designated educational official\nonly for purposes related to the execution of the student's educational\nplan, where applicable, successful school adjustment and reentry into\nthe community. Such notification shall be kept separate and apart from\nsuch student's school records and shall be accessible only by the\ndesignated educational official. Such notification shall not be part of\nsuch student's permanent school record and shall not be appended to or\nincluded in any documentation regarding such student and shall be\ndestroyed at such time as such student is no longer enrolled in the\nschool district. At no time shall such notification be used for any\npurpose other than those specified in this subdivision.\n  4. Notwithstanding subdivision two of this section, whenever a person\nis adjudicated a youthful offender and the conviction that was vacated\nand replaced by the youthful offender finding was for a sex offense as\nthat term is defined in article ten of the mental hygiene law, all\nrecords pertaining to the youthful offender adjudication shall be\nincluded in those records and reports that may be obtained by the\ncommissioner of mental health or the commissioner of developmental\ndisabilities, as appropriate; the case review panel; and the attorney\ngeneral pursuant to section 10.05 of the mental hygiene law.\n