New York FCT Code § 783

Use of records in other court; expungement of records
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§ 783. Use of records in other court; expungement of records. (a)\nNeither the fact that a person was before the family court under this\narticle for a hearing nor any confession, admission or statement made by\nhim or her to the court or to any officer thereof in any stage of the\nproceeding is admissible as evidence against him or her or his or her\ninterests in any other court.\n  (b) For purposes of this section, "expungement" shall mean that all\nofficial records and papers, including judgments and orders of the\ncourt, but not including public court decisions or opinions or records\nand briefs on appeal, relating to the arrest, prosecution and court\nproceedings and records of the probation service and designated lead\nagency, including all duplicates or copies thereof, on file with the\ncourt, police department and law enforcement agency, probation service,\ndesignated lead agency and presentment agency, if any, shall be\ndestroyed and, except for records sealed as provided in paragraphs (v)\nand (vi) of subdivision (c) of this section, shall not be made available\nto any person or public or private agency. Provided, however, that\nfoster care and preventive service records maintained by social services\ndepartments relating to a proceeding under this article shall not be\nsubject to expungement or sealing under this section and shall be held\nconfidential in accordance with article six of the social services law.\n  (c) Automatic expungement of records of a proceeding under this\narticle that is terminated in favor of the respondent. (i) Upon\ntermination of a proceeding under this article in favor of the\nrespondent, the clerk of the court shall immediately notify and direct\nthe directors of the appropriate probation department, designated lead\nagency pursuant to section seven hundred thirty-five of this article, a\nlocal educational agency if an official of such agency was the\npetitioner pursuant to section seven hundred thirty-three of this\narticle and, if a presentment agency represented the petitioner in the\nproceeding, such agency, that the proceeding has terminated in favor of\nthe respondent and that the records, if any, of such action or\nproceeding on file with such offices shall be expunged. If the\nrespondent had been the subject of a warrant or an arrest in connection\nwith the proceeding, or law enforcement was the referring agency or\npetitioner pursuant to section seven hundred thirty-three of this\narticle, the notice shall also be sent to the appropriate police\ndepartment or law enforcement agency. Upon receipt of such notification,\nthe records shall be expunged in accordance with subdivision (b) of this\nsection. The attorney for the respondent shall be notified by the clerk\nof the court in writing of the date and agencies and departments to\nwhich such notifications were sent.\n  (ii) For the purposes of this section, a proceeding under this article\nshall be considered terminated in favor of a respondent where the\nproceeding has been:\n  (A) diverted prior to the filing of a petition pursuant to subdivision\n(g) of section seven hundred thirty-five of this article or subsequent\nto the filing of a petition pursuant to subdivision (b) of section seven\nhundred forty-two of this article; or\n  (B) withdrawn or dismissed for failure to prosecute, or for any other\nreason at any stage; or\n  (C) dismissed following an adjournment in contemplation of dismissal\npursuant to subdivision (a) of section seven hundred forty-nine of this\narticle; or\n  (D) resulted in an adjudication where the only finding was for a\nviolation of former section 221.05 or section 230.00 of the penal law;\nprovided, however, that with respect to findings under this paragraph,\nthe expungement required by this section shall not take place until the\nconclusion of the period of any disposition or extension under this\narticle.\n  (iii) If, with respect to a respondent who had been the subject of a\nwarrant or an arrest 

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