N.Y. FCT Law § 354.1 — New York Code / Act FCT / Article 3 / Part 5 / Section 354.1
Retention and destruction of fingerprints of persons alleged to be juvenile delinquents
Status: in_force

§ 354.1. Retention and destruction of fingerprints of persons alleged\nto be juvenile delinquents.  1. If a person whose fingerprints,\npalmprints or photographs were taken pursuant to section 306.1 or was\ninitially fingerprinted as a juvenile offender and the action is\nsubsequently removed to a family court pursuant to article seven hundred\ntwenty-five of the criminal procedure law is adjudicated to be a\njuvenile delinquent for a felony, the family court shall forward or\ncause to be forwarded to the division of criminal justice services\nnotification of such adjudication and such related information as may be\nrequired by such division, provided, however, in the case of a person\ntwelve years of age such notification shall be provided only if the act\nupon which the adjudication is based would constitute a class A or B\nfelony.\n  2. If a person whose fingerprints, palmprints or photographs were\ntaken pursuant to section 306.1 or was initially fingerprinted as a\njuvenile offender and the action is subsequently removed to family court\npursuant to article seven hundred twenty-five of the criminal procedure\nlaw has had all petitions disposed of by the family court in any manner\nother than an adjudication of juvenile delinquency for a felony, but in\nthe case of acts committed when such person was twelve years of age\nwhich would constitute a class A or B felony only, all such\nfingerprints, palmprints, photographs, and copies thereof, and all\ninformation relating to such allegations obtained by the division of\ncriminal justice services pursuant to section 306.1 shall be destroyed\nforthwith. The clerk of the court shall notify the commissioner of the\ndivision of criminal justice services and the heads of all police\ndepartments and law enforcement agencies having copies of such records,\nwho shall destroy such records without unnecessary delay.\n  3. If the appropriate presentment agency does not originate a\nproceeding under section 310.1 for a case in which the potential\nrespondent's fingerprints were taken pursuant to section 306.1, the\npresentment agency shall serve a certification of such action upon the\ndivision of criminal justice services, and upon the appropriate police\ndepartment or law enforcement agency.\n  4. If, following the taking into custody of a person alleged to be a\njuvenile delinquent and the taking and forwarding to the division of\ncriminal justice services of such person's fingerprints but prior to\nreferral to the probation department or to the family court, an officer\nor agency, elects not to proceed further, such officer or agency shall\nserve a certification of such election upon the division of criminal\njustice services.\n  5. Upon certification pursuant to subdivision twelve of section 308.1\nor subdivision three or four of this section, the department or agency\nshall destroy forthwith all fingerprints, palmprints, photographs, and\ncopies thereof, and all other information obtained in the case pursuant\nto section 306.1. Upon receipt of such certification, the division of\ncriminal justice services and all police departments and law enforcement\nagencies having copies of such records shall destroy them.\n  6. If a person fingerprinted pursuant to section 306.1 and\nsubsequently adjudicated a juvenile delinquent for a felony, but in the\ncase of acts committed when such a person was twelve years of age which\nwould constitute a class A or B felony only, is subsequently convicted\nof a crime, all fingerprints and related information obtained by the\ndivision of criminal justice services pursuant to such section and not\ndestroyed pursuant to subdivisions two, five and seven or subdivision\ntwelve of section 308.1 shall become part of such division's permanent\nadult criminal record for that person, notwithstanding section 381.2 or\n381.3.\n  7. When a person fingerprinted pursuant to section 306.1 and\nsubsequently adjudicated a juvenile delinquent for a felony, but in the\ncase of acts committed when such person was twelve years of age which\nwould constitute a class A or B felony only, reaches the age of\ntwenty-one, or has been discharged from placement under this act for at\nleast three years, whichever occurs later, and has no criminal\nconvictions or pending criminal actions which ultimately terminate in a\ncriminal conviction, all fingerprints, palmprints, photographs, and\nrelated information and copies thereof obtained pursuant to section\n306.1 in the possession of the division of criminal justice services,\nany police department, law enforcement agency or any other agency shall\nbe destroyed forthwith. The division of criminal justice services shall\nnotify the agency or agencies which forwarded fingerprints to such\ndivision pursuant to section 306.1 of their obligation to destroy those\nrecords in their possession. In the case of a pending criminal action\nwhich does not terminate in a criminal conviction, such records shall be\ndestroyed forthwith upon such determination.\n