Section 1128-A. Additional duties of superintendents

1.  Where  a
  superintendent of schools  forwards  to  law  enforcement  a  report  as
  described  in paragraph (a) of subdivision one of section eleven hundred
  twenty-six of this article, he or she shall refer  such  report  to  the
  commissioner  where  the employee or volunteer alleged to have committed
  an act of child abuse as defined in this article holds  a  certification
  or license issued by the department.
    2. A report which is made pursuant to this article and does not, after
  investigation,  result  in  a criminal conviction shall be expunged from
  any record which may be kept by a school or school district with respect
  to the subject of such a report after a period of five  years  from  the
  date  of  the  making  of  such  report  or at such earlier time as such
  school, or school district, as the case may be, determines.