Senate Bill S8010

2023-2024 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

Current Bill Status - In Assembly Committee


  • 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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2023-S8010 (ACTIVE) - Details

See Assembly Version of this Bill:
A8487
Current Committee:
Assembly Codes
Law Section:
Family Court Act
Laws Affected:
Amd §783, Fam Ct Act (as proposed in S.7444 & A.6544)

2023-S8010 (ACTIVE) - Summary

Relates to the sealing and expungement of records in persons in need of supervision cases in family court; carves out certain foster care and preventive service records maintained by social services departments.

2023-S8010 (ACTIVE) - Sponsor Memo

2023-S8010 (ACTIVE) - Bill Text download pdf

                             
                     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.
              

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