2023 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.