NY Crim Pro L § 720.35 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions Article 720 - Youthful Offender Procedure 720.35 - Youthful Offender Adjudication; Effect Thereof; Records.

§ 720.35 Youthful offender adjudication; effect thereof; records.1.  A  youthful  offender adjudication is not a judgment of conviction   for  a  crime  or  any  other  offense,  and  does  not  operate  as   a   disqualification  of  any  person  so  adjudged to hold public office or   public employment or to receive any license granted by public  authority   but  shall  be  deemed a conviction only for the purposes of transfer of   supervision and custody pursuant to section two hundred fifty-nine-m  of   the executive law. A defendant for whom a youthful offender adjudication   was substituted, who was originally charged with prostitution as defined   in  section  230.00  of  the  penal  law,  shall  be  deemed a "sexually   exploited child" as defined in subdivision one of section  four  hundred   forty-seven-a  of  the  social  services  law and therefore shall not be   considered an adult for purposes related to the charges in the  youthful   offender  proceeding  or  a  proceeding  under  section  170.80  of this   chapter.2. Except where specifically required or permitted by statute or  upon   specific  authorization  of  the court, all official records and papers,   whether on file with the court, a  police  agency  or  the  division  of   criminal  justice services, relating to a case involving a youth who has   been adjudicated a youthful offender, are confidential and  may  not  be   made available to any person or public or private agency, other than the   designated  educational  official of the public or private elementary or   secondary school in which the youth is enrolled as  a  student  provided   that  such  local  educational official shall only have made available a   notice of such adjudication and shall  not  have  access  to  any  other   official records and papers, such youth or such youth's designated agent   (but  only where the official records and papers sought are on file with   a court and request therefor is  made  to  that  court  or  to  a  clerk   thereof),  an  institution  to  which such youth has been committed, the   department of corrections and  community  supervision  and  a  probation   department  of this state that requires such official records and papers   for the purpose of carrying out duties specifically authorized  by  law;   provided,  however, that information regarding an order of protection or   temporary order of protection issued pursuant to section 530.12 of  this   chapter or a warrant issued in connection therewith may be maintained on   the  statewide  automated  order  of  protection  and  warrant  registry   established  pursuant  to  section  two  hundred  twenty-one-a  of   the   executive  law  during  the  period  that  such  order  of protection or   temporary order of protection is in full  force  and  effect  or  during   which such warrant may be executed. Such confidential information may be   made  available  pursuant  to  law  only for purposes of adjudicating or   enforcing such order of protection or temporary order of protection and,   where provided to a  designated  educational  official,  as  defined  in   section 380.90 of this chapter, for purposes related to the execution of   the  student's  educational  plan,  where  applicable, successful school   adjustment and reentry into the community. Such  notification  shall  be   kept  separate and apart from such student's school records and shall be   accessible  only  by   the   designated   educational   official.   Such   notification shall not be part of such student's permanent school record   and  shall not be appended to or included in any documentation regarding   such student and shall be destroyed at such time as such student  is  no   longer   enrolled  in  the  school  district.  At  no  time  shall  such   notification be used for any purpose other than those specified in  this   subdivision.3. If a youth who has been adjudicated a youthful offender is enrolled   as  a  student in a public or private elementary or secondary school the   court that has adjudicated  the  youth  as  a  youthful  offender  shall   provide  notification of such adjudication to the designated educational    official of the school in which such youth is  enrolled  as  a  student.   Such  notification  shall be used by the designated educational official   only for purposes related to the execution of the student's  educational   plan,  where  applicable,  successful school adjustment and reentry into   the community. Such notification shall be kept separate and  apart  from   such  student's  school  records  and  shall  be  accessible only by the   designated educational official. Such notification shall not be part  of   such  student's  permanent school record and shall not be appended to or   included in any  documentation  regarding  such  student  and  shall  be   destroyed  at  such  time  as  such student is no longer enrolled in the   school district. At no time shall such  notification  be  used  for  any   purpose other than those specified in this subdivision.4.  Notwithstanding subdivision two of this section, whenever a person   is adjudicated a youthful offender and the conviction that  was  vacated   and  replaced  by the youthful offender finding was for a sex offense as   that term is defined in article ten  of  the  mental  hygiene  law,  all   records  pertaining  to  the  youthful  offender  adjudication  shall be   included in those records and  reports  that  may  be  obtained  by  the   commissioner  of  mental  health  or  the  commissioner of developmental   disabilities, as appropriate; the case review panel;  and  the  attorney   general pursuant to section 10.05 of the mental hygiene law.