Legislation

Search OpenLegislation Statutes
This entry was published on 2021-02-05
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 720.35
Youthful offender adjudication; effect thereof; records
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE U, ARTICLE 720
§ 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.