S T A T E O F N E W Y O R K
________________________________________________________________________
8010
I N S E N A T E
January 5, 2024
___________
Introduced by Sen. BRISPORT -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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, as amended by a chap-
ter of the laws of 2023 amending the family court act relating to
expungement of records in persons in need of supervision cases in the
family court, as proposed in legislative bills numbers S. 7444 and A.
6544, is amended to read as follows:
§ 783. Use of 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.
(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)
and (vi) of subdivision (c) of this section, shall not be made available
to any person or public or private agency. PROVIDED, HOWEVER, THAT
FOSTER CARE AND PREVENTIVE SERVICE RECORDS MAINTAINED BY SOCIAL SERVICES
DEPARTMENTS RELATING TO A PROCEEDING UNDER THIS ARTICLE SHALL NOT BE
SUBJECT TO EXPUNGEMENT OR SEALING UNDER THIS SECTION AND SHALL BE HELD
CONFIDENTIAL IN ACCORDANCE WITH ARTICLE SIX OF THE SOCIAL SERVICES LAW.
(c) Automatic expungement of records of a proceeding under this arti-
cle that is terminated in favor of the respondent. (i) Upon termination
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08943-02-4
S. 8010 2
of a proceeding under this article in favor of the respondent, the clerk
of the court shall immediately notify and direct the directors of the
appropriate probation department, designated lead agency pursuant to
section seven hundred thirty-five of this article, A LOCAL EDUCATIONAL
AGENCY IF AN OFFICIAL OF SUCH AGENCY WAS THE PETITIONER PURSUANT TO
SECTION SEVEN HUNDRED THIRTY-THREE OF THIS ARTICLE and, if a presentment
agency represented the petitioner in the proceeding, such agency, that
the proceeding has terminated in favor of the respondent and that the
records, if any, of such action or proceeding on file with such offices
shall be expunged. If the respondent had been the subject of a warrant
or an arrest in connection with the proceeding, or law enforcement was
the referring agency or petitioner pursuant to section seven hundred
thirty-three of this article, the notice shall also be sent to the
appropriate police department or law enforcement agency. Upon receipt of
such notification, the records shall be expunged in accordance with
subdivision (b) of this section. The attorney for the respondent shall
be notified by the clerk of the court in writing of the date and agen-
cies and departments to which such notifications were sent.
(ii) For the purposes of this section, a proceeding under this article
shall be considered terminated in favor of a respondent where the
proceeding has been:
(A) diverted prior to the filing of a petition pursuant to subdivision
(g) of section seven hundred thirty-five of this article or subsequent
to the filing of a petition pursuant to subdivision (b) of section seven
hundred forty-two of this article; or
(B) withdrawn or dismissed for failure to prosecute, or for any other
reason at any stage; or
(C) dismissed following an adjournment in contemplation of dismissal
pursuant to subdivision (a) of section seven hundred forty-nine of this
article; or
(D) resulted in an adjudication where the only finding was for a
violation of former section 221.05 or section 230.00 of the penal law;
provided, however, that with respect to findings under this paragraph,
the expungement required by this section shall not take place until the
conclusion of the period of any disposition or extension under this
article.
(iii) If, with respect to a respondent who had been the subject of a
warrant or an arrest in connection with the proceeding, or law enforce-
ment was the referring agency, the designated lead agency diverts a case
either prior to or subsequent to the filing of a petition under this
article, the designated lead agency shall notify the appropriate
probation service and police department or law enforcement agency in
writing of such diversion. Such notification may be on a form
prescribed by the chief administrator of the courts. Upon receipt of
such notification, the probation service and police department or law
enforcement agency shall expunge any records in accordance with subdivi-
sion (b) of this section in the same manner as is required thereunder
with respect to an order of a court.
(iv) If, following the referral of a proceeding under this article for
the filing of a petition, the petitioner or, if represented by a
presentment agency, such agency, elects not to file a petition under
this article, the petitioner or, if applicable, the presentment agency,
shall notify the appropriate probation service and designated lead agen-
cy of such determination. Such notification may be on a form prescribed
by the chief administrator of the courts and may be transmitted by elec-
tronic means. If the respondent had been the subject of a warrant or an
S. 8010 3
arrest in connection with the proceeding, or law enforcement was the
referring agency, the notification shall also be sent to the appropriate
police department or law enforcement agency. Upon receipt of such
notification, the records shall be expunged in accordance with subdivi-
sion (b) of this section in the same manner as is required thereunder
with respect to an order of a court, provided, however, that the desig-
nated lead agency may have access to its own records in accordance with
paragraph (v) of this subdivision.
(v) Where a proceeding has been diverted pursuant to subparagraph (A)
of paragraph (ii) of this subdivision or where a proceeding has been
referred for the filing of a petition but the potential petitioner or,
if represented by a presentment agency, such agency, elects not to file
a petition in accordance with paragraph (iv) of this subdivision, UPON
RECEIPT OF WRITTEN NOTICE the designated lead agency shall seal [its]
ANY records RELATED TO THE PROCEEDING under this section THAT ARE IN ITS
POSSESSION, but shall have access to [its own] SUCH records solely for
the following purposes:
(A) where there is continuing or subsequent contact with the child
under this article; or
(B) where the information is necessary for such department to deter-
mine what services had been arranged or provided to the family or where
the commissioner determines that the information is necessary in order
for the commissioner of such department to comply with section four
hundred twenty-two-a of the social services law.
(vi) Records [expunged or] sealed under this section shall be made
available to the juvenile or his or her agent and, where the petitioner
or potential petitioner is a parent or other person legally responsible
for the juvenile's care, such parent or other person. No statement made
to a designated lead agency by the juvenile or his or her parent or
other person legally responsible that is contained in a record expunged
or sealed under this section shall be admissible in any court proceed-
ing, except upon the consent or at the request, respectively, of the
juvenile or his or her parent or other person legally responsible for
the juvenile's care.
(vii) A respondent in whose favor a proceeding was terminated prior to
the effective date of this paragraph may, upon motion, apply to the
court, upon not less than twenty days notice to the petitioner or (where
the petitioner is represented by a presentment agency) such agency, for
an order granting the relief set forth in paragraph (i) of this subdivi-
sion. Where a proceeding under this article was terminated in favor of
the respondent in accordance with paragraph (iii) or (iv) of this subdi-
vision prior to the effective date of this paragraph, the respondent may
apply to the designated lead agency, petitioner or presentment agency,
as applicable, for a notification as described in such paragraphs grant-
ing the relief set forth therein and such notification shall be granted.
(d) Motion to expunge after an adjudication and disposition. (i) If an
action has resulted in an adjudication and disposition under this arti-
cle, the court may, in the interest of justice and upon motion of the
respondent, order the expungement of the records and proceedings.
(ii) Such motion must be in writing and may be filed at any time
subsequent to the conclusion of the disposition, including, but not
limited to, the expiration of the period of placement, suspended judg-
ment, order of protection or probation or any extension thereof. Notice
of such motion shall be served not less than eight days prior to the
return date of the motion upon the petitioner or, if the petitioner was
S. 8010 4
represented by a presentment agency, such agency. Answering affidavits
shall be served at least two days before the return date.
(iii) The court shall set forth in a written order its reasons for
granting or denying the motion. If the court grants the motion, all
court records, as well as all records in the possession of the desig-
nated lead agency, the probation service, the presentment agency, if
any, and, if the respondent had been the subject of a warrant or an
arrest in connection with the proceeding, or if the police or law
enforcement agency was the referring agency or petitioner pursuant to
section seven hundred thirty-three of this article, the appropriate
police or law enforcement agency, shall be expunged in accordance with
subdivision (b) of this section.
(e) Automatic expungement of court records. All records under this
article shall be automatically expunged upon the respondent's twenty-
first birthday unless earlier expunged under this section, provided that
expungement under this paragraph shall not take place until the conclu-
sion of the period of any disposition or extension under this article.
(f) Expungement of court records; inherent power. Nothing contained
in this article shall preclude the court's use of its inherent power to
order the expungement of court records.
§ 2. This act shall take effect on the same day and in the same manner
as a chapter of the laws of 2023 amending the family court act relating
to expungement of records in persons in need of supervision cases in the
family court, as proposed in legislative bills numbers S. 7444 and A.
6544, takes effect.
