New York S 4381: Provides for the confidentiality, sealing and expungement of juvenile delinquency records; repealer

Bill Text

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S04381 Summary:

BILL NOS04381 

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SAME ASNo Same As

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SPONSORBAILEY

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COSPNSR

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MLTSPNSR

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Add §§301.5, 375.3, 375.4 & 375.5, amd §§375.1 & 375.2, rpld §375.3, Fam Ct Act

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Provides for the confidentiality, sealing and expungement of juvenile delinquency records including providing notice to the respondent and attorney for the child when such acts of the court are ordered.

Go to top S04381 Actions:

BILL NOS04381 

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02/04/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS04381 Committee&nbspVotes:

Go to topS04381 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04381 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4381

 2025-2026 Regular Sessions

 IN SENATE

 February 4, 2025
 ___________

 Introduced by Sen. BAILEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Children and Families

 AN ACT to amend the family court act, in relation to providing for the
 confidentiality, sealing, and expungement of juvenile delinquency
 records; and to repeal section 375.3 of the family court act relating
 thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The family court act is amended by adding a new section
 2 301.5 to read as follows:
 3 § 301.5. Juvenile delinquency records. 1. An officer of the court with
 4 whom the proceedings pursuant to this article are filed, or their clerk,
 5 either before or after the conclusion of said proceeding, shall not
 6 permit a copy of any of the documents relating to such proceeding to be
 7 taken or seen by any person other than the respondent, the attorney for
 8 the child, an attorney employed by the presentment agency, or an offi-
 9 cial employed by the probation service, except by order of the court.
 10 2. Notwithstanding the provisions of subdivision one of this section,
 11 an officer of the court, or their clerk, shall not permit access of any
 12 person to a record which has been sealed pursuant to section 375.1,
 13 375.2, or 375.3.
 14 § 2. Section 375.1 of the family court act, as added by chapter 920 of
 15 the laws of 1982, subdivision 1 as amended by chapter 41 of the laws of
 16 2010, paragraphs (d), (f) and (h) of subdivision 2 and subdivision 3 as
 17 amended and paragraph (i) of subdivision 2 as added by chapter 398 of
 18 the laws of 1983, is amended to read as follows:
 19 § 375.1. Order upon termination of a delinquency action in favor of
 20 the respondent. 1. Upon termination of a delinquency proceeding against
 21 a respondent in favor of such respondent, pursuant to subdivision three
 22 except paragraphs (g) and (h) of such subdivision, unless the present-
 23 ment agency upon written motion with not less than eight days notice to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08451-01-5

 S. 4381 2

 1 such respondent demonstrates to the satisfaction of the court that the
 2 interests of justice require otherwise or the court on its own motion
 3 with not less than eight days notice to such respondent determines that
 4 the interest of justice require otherwise and states the reason for such
 5 determination on the record, [the clerk of] the court shall [immediately
 6 notify the counsel for the child, the director of the appropriate
 7 presentment agency, and the heads of the appropriate probation depart-
 8 ment and police department or other law enforcement agency, that the
 9 proceeding has terminated in favor of the respondent and, unless the
 10 court has directed otherwise, that the records of such action or
 11 proceeding, other than those destroyed pursuant to section 354.1 [of
 12 this act], shall be sealed. Upon receipt of such notification all offi-
 13 cial records and papers, including judgments and orders of the court,
 14 but not including public court decisions or opinions or records and
 15 briefs on appeal, relating to the arrest, the prosecution and the
 16 probation service proceedings, including all duplicates or copies there-
 17 of, on file with the court, police agency, probation service and
 18 presen