Legislation
SECTION 375.2
Motion to seal after a finding
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 7
§ 375.2. Motion to seal after a finding. 1. If an action has resulted
in a finding of delinquency pursuant to subdivision one of section
352.1, other than a finding that the respondent committed a designated
felony act, the court may, in the interest of justice and upon motion of
the respondent, order the sealing of appropriate records pursuant to
subdivision one of section 375.1.
2. Such motion must be in writing and may be filed at any time
subsequent to the entering of such finding. Notice of such motion shall
be served upon the presentment agency not less than eight days prior to
the return date of the motion. Answering affidavits shall be served at
least two days before such time.
3. The court shall state on the record its reasons for granting or
denying the motion.
4. If such motion is denied, it may not be renewed for a period of one
year, unless the order of denial permits renewal at an earlier time.
5. The court shall not order the sealing of any record except as
prescribed by this section or section 375.1.
6. Such a motion cannot be filed until the respondent's sixteenth
birthday, or, commencing October first, two thousand eighteen, the
respondent's seventeenth birthday, or commencing October first, two
thousand nineteen, the respondent's eighteenth birthday.
7. Where an order of fact-finding has been issued pursuant to
subdivision one of section 345.1 of this article that includes solely a
violation as defined in subdivision three of section 10.00 of the penal
law committed by a juvenile sixteen years of age or, commencing on
October first, two thousand nineteen, seventeen years of age, the
records shall be sealed automatically at the expiration, as applicable,
of a successful period of an adjustment, adjournment in contemplation of
dismissal or conditional discharge.
in a finding of delinquency pursuant to subdivision one of section
352.1, other than a finding that the respondent committed a designated
felony act, the court may, in the interest of justice and upon motion of
the respondent, order the sealing of appropriate records pursuant to
subdivision one of section 375.1.
2. Such motion must be in writing and may be filed at any time
subsequent to the entering of such finding. Notice of such motion shall
be served upon the presentment agency not less than eight days prior to
the return date of the motion. Answering affidavits shall be served at
least two days before such time.
3. The court shall state on the record its reasons for granting or
denying the motion.
4. If such motion is denied, it may not be renewed for a period of one
year, unless the order of denial permits renewal at an earlier time.
5. The court shall not order the sealing of any record except as
prescribed by this section or section 375.1.
6. Such a motion cannot be filed until the respondent's sixteenth
birthday, or, commencing October first, two thousand eighteen, the
respondent's seventeenth birthday, or commencing October first, two
thousand nineteen, the respondent's eighteenth birthday.
7. Where an order of fact-finding has been issued pursuant to
subdivision one of section 345.1 of this article that includes solely a
violation as defined in subdivision three of section 10.00 of the penal
law committed by a juvenile sixteen years of age or, commencing on
October first, two thousand nineteen, seventeen years of age, the
records shall be sealed automatically at the expiration, as applicable,
of a successful period of an adjustment, adjournment in contemplation of
dismissal or conditional discharge.