2010 New York Code
CPL - Criminal Procedure
Part 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES
Title U - SPECIAL PROCEEDINGS WHICH REPLACE,SUSPEND OR ABATE CRIMINAL ACTIONS
Article 720 - (720.10 - 720.35) YOUTHFUL OFFENDER PROCEDURE
720.35 - Youthful offender adjudication; effect thereof; records.

§ 720.35 Youthful offender adjudication; effect thereof; records.
    1.  A  youthful  offender adjudication is not a judgment of conviction
  for  a  crime  or  any  other  offense,  and  does  not  operate  as   a
  disqualification  of  any  person  so  adjudged to hold public office or
  public employment or to receive any license granted by public  authority
  but  shall  be  deemed a conviction only for the purposes of transfer of
  supervision and custody pursuant to section two hundred fifty-nine-m  of
  the executive law.
    2.  Except where specifically required or permitted by statute or upon
  specific authorization of the court, all official  records  and  papers,
  whether  on  file  with  the  court,  a police agency or the division of
  criminal justice services, relating to a case involving a youth who  has
  been  adjudicated  a  youthful offender, are confidential and may not be
  made available to any person or public or private agency, other than the
  designated educational official of the public or private  elementary  or
  secondary  school  in  which the youth is enrolled as a student provided
  that such local educational official shall only have  made  available  a
  notice  of  such  adjudication  and  shall  not have access to any other
  official records and papers, such youth or such youth's designated agent
  (but only where the official records and papers sought are on file  with
  a  court  and  request  therefor  is  made  to  that court or to a clerk
  thereof), an institution to which such youth  has  been  committed,  the
  division  of  parole  and  a  probation  department  of  this state that
  requires such official records and papers for the  purpose  of  carrying
  out  duties  specifically  authorized  by  law;  provided, however, that
  information regarding an order  of  protection  or  temporary  order  of
  protection  issued  pursuant  to  section  530.12  of  this chapter or a
  warrant  issued  in  connection  therewith  may  be  maintained  on  the
  statewide automated order of protection and warrant registry established
  pursuant to section two hundred twenty-one-a of the executive law during
  the  period  that  such  order  of  protection  or  temporary  order  of
  protection is in full force and effect or during which such warrant  may
  be  executed.  Such  confidential  information  may  be  made  available
  pursuant to law only for purposes  of  adjudicating  or  enforcing  such
  order of protection or temporary order of protection and, where provided
  to  a  designated  educational official, as defined in section 380.90 of
  this chapter, for purposes related to the  execution  of  the  student's
  educational  plan,  where  applicable,  successful school adjustment and
  reentry into the community. Such notification shall be kept separate and
  apart from such student's school records and shall be accessible only by
  the designated educational official. Such notification shall not be part
  of such student's permanent school record and shall not be  appended  to
  or  included  in  any  documentation regarding such student and shall be
  destroyed at such time as such student is  no  longer  enrolled  in  the
  school  district.  At  no  time  shall such notification be used for any
  purpose other than those specified in this subdivision.
    3. If a youth who has been adjudicated a youthful offender is enrolled
  as a student in a public or private elementary or secondary  school  the
  court  that  has  adjudicated  the  youth  as  a youthful offender shall
  provide notification of such adjudication to the designated  educational
  official  of  the  school  in which such youth is enrolled as a student.
  Such notification shall be used by the designated  educational  official
  only  for purposes related to the execution of the student's educational
  plan, where applicable, successful school adjustment  and  reentry  into
  the  community.  Such notification shall be kept separate and apart from
  such student's school records  and  shall  be  accessible  only  by  the
  designated  educational official. Such notification shall not be part of
  such student's permanent school record and shall not be appended  to  or

included  in  any  documentation  regarding  such  student  and shall be
  destroyed at such time as such student is  no  longer  enrolled  in  the
  school  district.  At  no  time  shall such notification be used for any
  purpose other than those specified in this subdivision.
    4.  Notwithstanding subdivision two of this section, whenever a person
  is adjudicated a youthful offender and the conviction that  was  vacated
  and  replaced  by the youthful offender finding was for a sex offense as
  that term is defined in article ten  of  the  mental  hygiene  law,  all
  records  pertaining  to  the  youthful  offender  adjudication  shall be
  included in those records and  reports  that  may  be  obtained  by  the
  commissioner  of mental health or the commissioner of mental retardation
  and developmental disabilities, as appropriate; the case  review  panel;
  and the attorney general pursuant to section 10.05 of the mental hygiene
  law.