Overview Description

Records relating to an action that has resulted in a finding of delinquency can be sealed upon petition, so long as the person is at least 17 years old, the court finds it is in the interests of justice, and the person is not subject to a disqualifying event. N.Y. Fam. Ct. Act § 375.2(6). (Effective Oct. 1, 2018, to Oct. 1, 2019)
(Cannot link directly to statutes.)

Ineligible Category or Citation

A record relating to a designated felony act is ineligible for sealing. N.Y. Fam. Ct. Act § 375.2(1).

Procedure General

A petition must be filed with the court. For the specific procedure, see N.Y. Fam. Ct. Act § 375.2.

Fees

There is no statutory language regarding fees.

Effect

All official records and papers, including judgments and orders of the court—but not including public court decisions, opinions, records, and briefs on appeal relating to the arrest, prosecution, and probation service proceedings—including all duplicates or copies thereof, on file with the court, policy agency, probation service, and presentment agency will be sealed and not made available to any person or public or private agency. N.Y. Fam. Ct. Act § 375.1(1).

Another court, in imposing sentence upon an adult after conviction, can receive and consider the records and information on file with the family court related to sealed matters. N.Y. Fam. Ct. Act § 381.2(2).

Waiting Periods

The petition can be filed after the person turns 17 years old.

(non-prod server)