N.Y. FCT Law § 783 — New York Code / Act FCT / Article 7 / Part 8 / Section 783
Use of records in other court; expungement of records
Status: in_force

§ 783. Use of records in other court; expungement of records. (a)\nNeither the fact that a person was before the family court under this\narticle for a hearing nor any confession, admission or statement made by\nhim or her to the court or to any officer thereof in any stage of the\nproceeding is admissible as evidence against him or her or his or her\ninterests in any other court.\n  (b) For purposes of this section, "expungement" shall mean that all\nofficial records and papers, including judgments and orders of the\ncourt, but not including public court decisions or opinions or records\nand briefs on appeal, relating to the arrest, prosecution and court\nproceedings and records of the probation service and designated lead\nagency, including all duplicates or copies thereof, on file with the\ncourt, police department and law enforcement agency, probation service,\ndesignated lead agency and presentment agency, if any, shall be\ndestroyed and, except for records sealed as provided in paragraphs (v)\nand (vi) of subdivision (c) of this section, shall not be made available\nto any person or public or private agency. Provided, however, that\nfoster care and preventive service records maintained by social services\ndepartments relating to a proceeding under this article shall not be\nsubject to expungement or sealing under this section and shall be held\nconfidential in accordance with article six of the social services law.\n  (c) Automatic expungement of records of a proceeding under this\narticle that is terminated in favor of the respondent. (i) Upon\ntermination of a proceeding under this article in favor of the\nrespondent, the clerk of the court shall immediately notify and direct\nthe directors of the appropriate probation department, designated lead\nagency pursuant to section seven hundred thirty-five of this article, a\nlocal educational agency if an official of such agency was the\npetitioner pursuant to section seven hundred thirty-three of this\narticle and, if a presentment agency represented the petitioner in the\nproceeding, such agency, that the proceeding has terminated in favor of\nthe respondent and that the records, if any, of such action or\nproceeding on file with such offices shall be expunged. If the\nrespondent had been the subject of a warrant or an arrest in connection\nwith the proceeding, or law enforcement was the referring agency or\npetitioner pursuant to section seven hundred thirty-three of this\narticle, the notice shall also be sent to the appropriate police\ndepartment or law enforcement agency. Upon receipt of such notification,\nthe records shall be expunged in accordance with subdivision (b) of this\nsection. The attorney for the respondent shall be notified by the clerk\nof the court in writing of the date and agencies and departments to\nwhich such notifications were sent.\n  (ii) For the purposes of this section, a proceeding under this article\nshall be considered terminated in favor of a respondent where the\nproceeding has been:\n  (A) diverted prior to the filing of a petition pursuant to subdivision\n(g) of section seven hundred thirty-five of this article or subsequent\nto the filing of a petition pursuant to subdivision (b) of section seven\nhundred forty-two of this article; or\n  (B) withdrawn or dismissed for failure to prosecute, or for any other\nreason at any stage; or\n  (C) dismissed following an adjournment in contemplation of dismissal\npursuant to subdivision (a) of section seven hundred forty-nine of this\narticle; or\n  (D) resulted in an adjudication where the only finding was for a\nviolation of former section 221.05 or section 230.00 of the penal law;\nprovided, however, that with respect to findings under this paragraph,\nthe expungement required by this section shall not take place until the\nconclusion of the period of any disposition or extension under this\narticle.\n  (iii) If, with respect to a respondent who had been the subject of a\nwarrant or an arrest in connection with the proceeding, or law\nenforcement was the referring agency, the designated lead agency diverts\na case either prior to or subsequent to the filing of a petition under\nthis article, the designated lead agency shall notify the appropriate\nprobation service and police department or law enforcement agency in\nwriting of such diversion. Such notification may be on a form prescribed\nby the chief administrator of the courts. Upon receipt of such\nnotification, the probation service and police department or law\nenforcement agency shall expunge any records in accordance with\nsubdivision (b) of this section in the same manner as is required\nthereunder with respect to an order of a court.\n  (iv) If, following the referral of a proceeding under this article for\nthe filing of a petition, the petitioner or, if represented by a\npresentment agency, such agency, elects not to file a petition under\nthis article, the petitioner or, if applicable, the presentment agency,\nshall notify the appropriate probation service and designated lead\nagency of such determination. Such notification may be on a form\nprescribed by the chief administrator of the courts and may be\ntransmitted by electronic means. If the respondent had been the subject\nof a warrant or an arrest in connection with the proceeding, or law\nenforcement was the referring agency, the notification shall also be\nsent to the appropriate police department or law enforcement agency.\nUpon receipt of such notification, the records shall be expunged in\naccordance with subdivision (b) of this section in the same manner as is\nrequired thereunder with respect to an order of a court, provided,\nhowever, that the designated lead agency may have access to its own\nrecords in accordance with paragraph (v) of this subdivision.\n  (v) Where a proceeding has been diverted pursuant to subparagraph (A)\nof paragraph (ii) of this subdivision or where a proceeding has been\nreferred for the filing of a petition but the potential petitioner or,\nif represented by a presentment agency, such agency, elects not to file\na petition in accordance with paragraph (iv) of this subdivision, upon\nreceipt of written notice the designated lead agency shall seal any\nrecords related to the proceeding under this section that are in its\npossession, but shall have access to such records solely for the\nfollowing purposes:\n  (A) where there is continuing or subsequent contact with the child\nunder this article; or\n  (B) where the information is necessary for such department to\ndetermine what services had been arranged or provided to the family or\nwhere the commissioner determines that the information is necessary in\norder for the commissioner of such department to comply with section\nfour hundred twenty-two-a of the social services law.\n  (vi) Records sealed under this section shall be made available to the\njuvenile or his or her agent and, where the petitioner or potential\npetitioner is a parent or other person legally responsible for the\njuvenile's care, such parent or other person. No statement made to a\ndesignated lead agency by the juvenile or his or her parent or other\nperson legally responsible that is contained in a record expunged or\nsealed under this section shall be admissible in any court proceeding,\nexcept upon the consent or at the request, respectively, of the juvenile\nor his or her parent or other person legally responsible for the\njuvenile's care.\n  (vii) A respondent in whose favor a proceeding was terminated prior to\nthe effective date of this paragraph may, upon motion, apply to the\ncourt, upon not less than twenty days notice to the petitioner or (where\nthe petitioner is represented by a presentment agency) such agency, for\nan order granting the relief set forth in paragraph (i) of this\nsubdivision. Where a proceeding under this article was terminated in\nfavor of the respondent in accordance with paragraph (iii) or (iv) of\nthis subdivision prior to the effective date of this paragraph, the\nrespondent may apply to the designated lead agency, petitioner or\npresentment agency, as applicable, for a notification as described in\nsuch paragraphs granting the relief set forth therein and such\nnotification shall be granted.\n  (d) Motion to expunge after an adjudication and disposition. (i) If an\naction has resulted in an adjudication and disposition under this\narticle, the court may, in the interest of justice and upon motion of\nthe respondent, order the expungement of the records and proceedings.\n  (ii) Such motion must be in writing and may be filed at any time\nsubsequent to the conclusion of the disposition, including, but not\nlimited to, the expiration of the period of placement, suspended\njudgment, order of protection or probation or any extension thereof.\nNotice of such motion shall be served not less than eight days prior to\nthe return date of the motion upon the petitioner or, if the petitioner\nwas represented by a presentment agency, such agency. Answering\naffidavits shall be served at least two days before the return date.\n  (iii) The court shall set forth in a written order its reasons for\ngranting or denying the motion. If the court grants the motion, all\ncourt records, as well as all records in the possession of the\ndesignated lead agency, the probation service, the presentment agency,\nif any, and, if the respondent had been the subject of a warrant or an\narrest in connection with the proceeding, or if the police or law\nenforcement agency was the referring agency or petitioner pursuant to\nsection seven hundred thirty-three of this article, the appropriate\npolice or law enforcement agency, shall be expunged in accordance with\nsubdivision (b) of this section.\n  (e) Automatic expungement of court records. All records under this\narticle shall be automatically expunged upon the respondent's\ntwenty-first birthday unless earlier expunged under this section,\nprovided that expungement under this paragraph shall not take place\nuntil the conclusion of the period of any disposition or extension under\nthis article.\n  (f) Expungement of court records; inherent power. Nothing contained in\nthis article shall preclude the court's use of its inherent power to\norder the expungement of court records.\n