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Family Court Law

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Part 7 - Article 3 - Family Court

SECURING TESTIMONY AND RECORDS

Section Description
370.1 Securing the attendance of witnesses; securing certain testimony.
375.1 Order upon termination of a delinquency action in favor of the respondent.
375.2 Motion to seal after a finding.
375.3 Expungement of court records.
  S 370.1. Securing  the  attendance  of  witnesses;  securing certain
  testimony. 1. The provisions  of  article  six  hundred  twenty  of  the
  criminal   procedure  law  concerning  the  securing  of  attendance  of
  witnesses by material witness order shall  apply  to  proceedings  under
  this article.
    2.  Article  six  hundred  sixty,  six hundred seventy and six hundred
  eighty  of  the  criminal  procedure  law  concerning  the  securing  of
  testimony for use in a subsequent proceeding, the use of testimony given
  in  a  previous  proceeding and the examination of witness by commission
  shall apply to proceedings under this article.
    3. The provisions of the uniform act to secure attendance of witnesses
  from without the state in criminal cases, as incorporated in article six
  hundred forty of the criminal procedure law, shall apply to  proceedings
  under this article.

  S 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 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.

  S 37521. Motion to seal after a finding. 1. If an action has resulted
  in a finding of delinquency  pursuant  to  subdivision  one  of  section
  352.1,  other  than a finding that the respondent committed a designated
  felony act, the court may, in the interest of justice and upon motion of
  the respondent, order the sealing of  appropriate  records  pursuant  to
  subdivision one of section 375.1.
    2.  Such  motion  must  be  in  writing  and  may be filed at any time
  subsequent to the entering of such finding. Notice of such motion  shall
  be  served upon the presentment agency not less than eight days prior to
  the return date of the motion. Answering affidavits shall be  served  at
  least two days before such time.
    3.  The  court  shall  state on the record its reasons for granting or
  denying the motion.
    4. If such motion is denied, it may not be renewed for a period of one
  year, unless the order of denial permits renewal at an earlier time.
    5. The court shall not order the  sealing  of  any  record  except  as
  prescribed by this section or section 375.1.
    6.  Such  a  motion  cannot  be filed until the respondent's sixteenth
  birthday.

  S 375.3. Expungement  of  court  records.  Nothing contained in this
  article shall preclude the court's use of its inherent  power  to  order
  the expungement of court records.

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