N.Y. Fam. Ct. Act § 375.1

§ 375.1. Order upon termination of a delinquency action in favor of\nthe respondent. 1. Upon termination of a delinquency proceeding against\na respondent in favor of such respondent, unless the presentment agency\nupon written motion with not less than eight days notice to such\nrespondent demonstrates to the satisfaction of the court that the\ninterests of justice require otherwise or the court on its own motion\nwith not less than eight days notice to such respondent determines that\nthe interest of justice require otherwise and states the reason for such\ndetermination on the record, the clerk of the court shall immediately\nnotify the counsel for the child, the director of the appropriate\npresentment agency, and the heads of the appropriate probation\ndepartment and police department or other law enforcement agency, that\nthe proceeding has terminated in favor of the respondent and, unless the\ncourt has directed otherwise, that the records of such action or\nproceeding, other than those destroyed pursuant to section 354.1 of this\nact, shall be sealed. Upon receipt of such notification all official\nrecords and papers, including judgments and orders of the court, but not\nincluding public court decisions or opinions or records and briefs on\nappeal, relating to the arrest, the prosecution and the probation\nservice proceedings, including all duplicates or copies thereof, on file\nwith the court, police agency, probation service and presentment agency\nshall be sealed and not made available to any person or public or\nprivate agency. Such records shall remain sealed during the pendency of\nany motion made pursuant to this subdivision.\n 2. For the purposes of subdivision one, a delinquency proceeding shall\nbe considered terminated in favor of a respondent where:\n (a) the petition is withdrawn; or\n (b) the petition is dismissed under section 315.1 or 315.2 and the\npresentment agency has not appealed from such order or the determination\nof an appeal or appeals from such order has been against the presentment\nagency; or\n (c) the petition has been deemed to have been dismissed under section\n315.3 and the presentment agency has not appealed from such order or the\ndetermination of an appeal or appeals from such order has been against\nthe presentment agency; or\n (d) the petition is dismissed without prejudice under subdivision four\nof section 325.3 and the presentment agency has not appealed from such\norder or the determination of an appeal or appeals from such order has\nbeen against the presentment agency; or\n (e) the entire petition has been dismissed under subdivision two of\nsection 345.1; or\n (f) the petition is dismissed under subdivision two of section 352.1;\nor\n (g) prior to the filing of a petition, the probation department has\nadjusted the case or terminated the case without adjustment; or\n (h) prior to the filing of a petition the presentment agency chooses\nnot to proceed to petition; or\n (i) the petition is dismissed pursuant to a motion made in accordance\nwith subdivision eight, nine or ten of section 332.1.\n 3. Records sealed pursuant to subdivision one shall be made available\nto the respondent or his designated agent and the records and papers of\na probation service shall be available to any probation service for the\npurpose of complying with subdivision four of section 308.1.\n 4. If prior to the filing of a petition the presentment agency elects\nnot to commence a delinquency action it shall serve a certification of\nsuch disposition upon the appropriate probation service and the\nappropriate police department or law enforcement agency, which, upon\nreceipt thereto, shall comply with the provision of subdivision one in\nthe same manner as is required with respect to an order of the court.\n 5. If the probation service adjusts a delinquency case it shall serve\na certification of such disposition upon the appropriate police\ndepartment or law enforcement agency which, upon receipt thereof, shall\ncomply with the provisions of subdivision one in the same manner as is\nrequired thereunder with respect to an order of a court.\n 6. A respondent in whose favor a delinquency proceeding was terminated\nprior to the effective date of this section may upon motion apply to the\ncourt, upon not less than twenty days notice to the presentment agency,\nfor an order granting him the relief set forth in subdivision one, and\nsuch order shall be granted unless the presentment agency demonstrates\nto the satisfaction of the court that the interests of justice require\notherwise. A respondent in whose favor a delinquency action or\nproceeding was terminated as defined by subdivisions four and five,\nprior to the effective date of this section, may apply to the\nappropriate presentment agency or probation service for a certification\nas described in such subdivisions granting him the relief set forth\ntherein and such certification shall be granted by such presentment\nagency or probation service.\n