New York FCT Code § 375.2

Motion to seal after a finding
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§ 375.2. Motion to seal after a finding. 1. If an action has resulted\nin a finding of delinquency pursuant to subdivision one of section\n352.1, other than a finding that the respondent committed a designated\nfelony act, the court may, in the interest of justice and upon motion of\nthe respondent, order the sealing of appropriate records pursuant to\nsubdivision one of section 375.1.\n  2. Such motion must be in writing and may be filed at any time\nsubsequent to the entering of such finding. Notice of such motion shall\nbe served upon the presentment agency not less than eight days prior to\nthe return date of the motion. Answering affidavits shall be served at\nleast two days before such time.\n  3. The court shall state on the record its reasons for granting or\ndenying the motion.\n  4. If such motion is denied, it may not be renewed for a period of one\nyear, unless the order of denial permits renewal at an earlier time.\n  5. The court shall not order the sealing of any record except as\nprescribed by this section or section 375.1.\n  6. Such a motion cannot be filed until the respondent's sixteenth\nbirthday, or, commencing October first, two thousand eighteen, the\nrespondent's seventeenth birthday, or commencing October first, two\nthousand nineteen, the respondent's eighteenth birthday.\n  7. Where an order of fact-finding has been issued pursuant to\nsubdivision one of section 345.1 of this article that includes solely a\nviolation as defined in subdivision three of section 10.00 of the penal\nlaw committed by a juvenile sixteen years of age or, commencing on\nOctober first, two thousand nineteen, seventeen years of age, the\nrecords shall be sealed automatically at the expiration, as applicable,\nof a successful period of an adjustment, adjournment in contemplation of\ndismissal or conditional discharge.\n

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