Assembly Bill A7621A

2021-2022 Legislative Session

Relates to the sealing and expungement of records in persons in need of supervision cases in family court

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-A7621 - Details

See Senate Version of this Bill:
S9391
Law Section:
Family Court Act
Laws Affected:
Amd §§783 & 784, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:
A6544, S7444

2021-A7621 - Summary

Relates to expungement of records in persons in need of supervision cases in family court.

2021-A7621 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7621
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  HEVESI -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families
 
 AN ACT to amend the  family  court  act,  in  relation  to  sealing  and
   expungement  of records in persons in need of supervision cases in the
   family court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 783 of the family court act is amended to read as
 follows:
   § 783. Use of [record] RECORDS in other court; SEALING AND EXPUNGEMENT
 OF RECORDS.  (A) Neither the fact that a person was  before  the  family
 court  under this article for a hearing nor any confession, admission or
 statement made by him OR HER to the court or to any officer  thereof  in
 any stage of the proceeding is admissible as evidence against him or HER
 OR his OR HER interests in any other court.  [Another court, in imposing
 sentence  upon  an  adult after conviction, may receive and consider the
 records and information on file with the family  court  concerning  such
 person when he was a child.]
   (B)  FOR PURPOSES OF THIS SECTION, "SEALING" SHALL MEAN THAT ALL OFFI-
 CIAL RECORDS AND PAPERS, INCLUDING JUDGMENTS AND ORDERS  OF  THE  COURT,
 BUT  NOT  INCLUDING  PUBLIC  COURT  DECISIONS OR OPINIONS OR RECORDS AND
 BRIEFS  ON  APPEAL,  RELATING  TO  THE  ARREST,  PROSECUTION  AND  COURT
 PROCEEDINGS  AND  RECORDS  OF  THE PROBATION SERVICE AND DESIGNATED LEAD
 AGENCY, INCLUDING ALL DUPLICATES OR COPIES THEREOF,  ON  FILE  WITH  THE
 COURT,  POLICE DEPARTMENT AND LAW ENFORCEMENT AGENCY, PROBATION SERVICE,
 DESIGNATED  LEAD  AGENCY  AND  PRESENTMENT  AGENCY,  IF  ANY,  SHALL  BE
 PROTECTED  FROM  PUBLIC INSPECTION AND, EXCEPT AS PROVIDED IN PARAGRAPHS
 (V) AND (VI) OF SUBDIVISION (C) OF  THIS  SECTION,  SHALL  NOT  BE  MADE
 AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09297-01-1
              

co-Sponsors

2021-A7621A (ACTIVE) - Details

See Senate Version of this Bill:
S9391
Law Section:
Family Court Act
Laws Affected:
Amd §§783 & 784, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:
A6544, S7444

2021-A7621A (ACTIVE) - Summary

Relates to expungement of records in persons in need of supervision cases in family court.

2021-A7621A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7621--A
                                                         Cal. No. 436
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced by M. of A. HEVESI, ABINANTI, SEAWRIGHT -- (at request of the
   Office  of  Court  Administration)  --  read  once and referred to the
   Committee on Children and Families -- reported  and  referred  to  the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule 3, sec. 2 -- reported from committee, advanced
   to a third reading, amended and ordered reprinted, retaining its place
   on the order of third reading
 
 AN  ACT  to  amend  the  family court act, in relation to expungement of
   records in persons in need of supervision cases in the family court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 783 of the family court act is amended to read as
 follows:
   § 783. Use of [record] RECORDS in other court; EXPUNGEMENT OF RECORDS.
 (A) Neither the fact that a person was before  the  family  court  under
 this  article  for  a hearing nor any confession, admission or statement
 made by him OR HER to the court or to any officer thereof in  any  stage
 of the proceeding is admissible as evidence against him or HER OR his OR
 HER  interests in any other court.  [Another court, in imposing sentence
 upon an adult after conviction, may receive and consider the records and
 information on file with the family court concerning such person when he
 was a child.]
   (B) FOR PURPOSES OF THIS SECTION, "EXPUNGEMENT" SHALL  MEAN  THAT  ALL
 OFFICIAL  RECORDS  AND  PAPERS,  INCLUDING  JUDGMENTS  AND ORDERS OF THE
 COURT, BUT NOT INCLUDING PUBLIC COURT DECISIONS OR OPINIONS  OR  RECORDS
 AND  BRIEFS  ON  APPEAL,  RELATING  TO THE ARREST, PROSECUTION AND COURT
 PROCEEDINGS AND RECORDS OF THE PROBATION  SERVICE  AND  DESIGNATED  LEAD
 AGENCY,  INCLUDING  ALL  DUPLICATES  OR COPIES THEREOF, ON FILE WITH THE
 COURT, POLICE DEPARTMENT AND LAW ENFORCEMENT AGENCY, PROBATION  SERVICE,
 DESIGNATED  LEAD  AGENCY  AND  PRESENTMENT  AGENCY,  IF  ANY,  SHALL  BE
 DESTROYED AND, EXCEPT FOR RECORDS SEALED AS PROVIDED IN  PARAGRAPHS  (V)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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