2006 New York Code - Order Upon Termination Of A Delinquency Action In Favor Of The Respondent.



 
    §  375.1.  Order  upon termination of a delinquency action in favor of
  the respondent.  1. Upon termination of a delinquency proceeding against
  a respondent in favor of such respondent, unless the presentment  agency
  upon  written  motion  with  not  less  than  eight  days notice to such
  respondent demonstrates to  the  satisfaction  of  the  court  that  the
  interests  of  justice  require otherwise or the court on its own motion
  with not less than eight days notice to such respondent determines  that
  the interest of justice require otherwise and states the reason for such
  determination  on  the  record, the clerk of the court shall immediately
  notify the law guardian or counsel for the child, the  director  of  the
  appropriate  presentment  agency,  and  the  heads  of  the  appropriate
  probation department and police  department  or  other  law  enforcement
  agency,  that  the  proceeding has terminated in favor of the respondent
  and, unless the court has directed otherwise, that the records  of  such
  action  or  proceeding,  other  than those destroyed pursuant to section
  354.1 of this act, shall be sealed. Upon receipt  of  such  notification
  all  official  records and papers, including judgments and orders of the
  court, but not including public court decisions or opinions  or  records
  and  briefs  on  appeal, relating to the arrest, the prosecution and the
  probation  service  proceedings,  including  all  duplicates  or  copies
  thereof,  on  file  with the court, police agency, probation service and
  presentment agency shall be sealed and not made available to any  person
  or  public  or private agency.   Such records shall remain sealed during
  the pendency of any motion made pursuant to this subdivision.
    2. For the purposes of subdivision one, a delinquency proceeding shall
  be considered terminated in favor of a respondent where:
    (a) the petition is withdrawn; or
    (b) the petition is dismissed under section 315.1  or  315.2  and  the
  presentment agency has not appealed from such order or the determination
  of an appeal or appeals from such order has been against the presentment
  agency; or
    (c)  the petition has been deemed to have been dismissed under section
  315.3 and the presentment agency has not appealed from such order or the
  determination of an appeal or appeals from such order has  been  against
  the presentment agency; or
    (d) the petition is dismissed without prejudice under subdivision four
  of  section  325.3 and the presentment agency has not appealed from such
  order or the determination of an appeal or appeals from such  order  has
  been against the presentment agency; or
    (e)  the  entire  petition has been dismissed under subdivision two of
  section 345.1; or
    (f) the petition is dismissed under subdivision two of section  352.1;
  or
    (g)  prior  to  the filing of a petition, the probation department has
  adjusted the case or terminated the case without adjustment; or
    (h) prior to the filing of a petition the presentment  agency  chooses
  not to proceed to petition; or
    (i)  the petition is dismissed pursuant to a motion made in accordance
  with subdivision eight, nine or ten of section 332.1.
    3. Records sealed pursuant to subdivision one shall be made  available
  to  the respondent or his designated agent and the records and papers of
  a probation service shall be available to any probation service for  the
  purpose of complying with subdivision four of section 308.1.
    4.  If prior to the filing of a petition the presentment agency elects
  not to commence a delinquency action it shall serve a  certification  of
  such   disposition  upon  the  appropriate  probation  service  and  the
  appropriate police department or law  enforcement  agency,  which,  upon

receipt thereto, shall comply with the provision of subdivision one in the same manner as is required with respect to an order of the court. 5. If the probation service adjusts a delinquency case it shall serve a certification of such disposition upon the appropriate police department or law enforcement agency which, upon receipt thereof, shall comply with the provisions of subdivision one in the same manner as is required thereunder with respect to an order of a court. 6. A respondent in whose favor a delinquency proceeding was terminated prior to the effective date of this section may upon motion apply to the court, upon not less than twenty days notice to the presentment agency, for an order granting him the relief set forth in subdivision one, and such order shall be granted unless the presentment agency demonstrates to the satisfaction of the court that the interests of justice require otherwise. A respondent in whose favor a delinquency action or proceeding was terminated as defined by subdivisions four and five, prior to the effective date of this section, may apply to the appropriate presentment agency or probation service for a certification as described in such subdivisions granting him the relief set forth therein and such certification shall be granted by such presentment agency or probation service.

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