Overview Description

An individual who was an eligible youth, who was not determined to be a youthful offender by the sentencing court, may apply to the sentencing court for a new determination, after at least five years have passed since the imposition of the sentence. See N.Y. Fam. Ct. Act § 720.20(5)(a).

Ineligible Category or Citation

Where an eligible youth is convicted of two or more crimes set forth in separate counts of an accusatory instrument, or set forth in two or more accusatory instruments consolidated for trial purposes, the court must not find them a youthful offender with respect to any such conviction pursuant to N.Y. Crim. Proc. Law § 720.20(1) unless it finds them a youthful offender with respect to all such convictions. N.Y. Crim. Proc. Law § 720.20(2).

Procedure General

A petition must be filed with the court. For the specific procedure, see N.Y. Crim. Proc. Law § 720.20(5).


There is no statutory language regarding fees.


Upon determining that an eligible youth is a youthful offender, the court must direct that the conviction be deemed vacated and replaced by a youthful offender finding; and the court must sentence the defendant pursuant to section 60.02 of the penal law. N.Y. Crim. Proc. Law § 720.20(3).

Waiting Periods

The person may apply five years after sentencing.

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