Section 354.1. Retention and destruction of fingerprints of persons alleged to be juvenile delinquents

1.  If  a  person  whose   fingerprints,
  palmprints  or  photographs  were taken pursuant to section 306.1 or was
  initially fingerprinted  as  a  juvenile  offender  and  the  action  is
  subsequently removed to a family court pursuant to article seven hundred
  twenty-five  of  the  criminal  procedure  law  is  adjudicated  to be a
  juvenile delinquent for a felony, the  family  court  shall  forward  or
  cause  to  be  forwarded  to  the  division of criminal justice services
  notification of such adjudication and such related information as may be
  required by such division, provided, however, in the case  of  a  person
  eleven  or  twelve years of age such notification shall be provided only
  if the act upon which the adjudication is based would constitute a class
  A or B felony.
    2. If a person whose  fingerprints,  palmprints  or  photographs  were
  taken  pursuant  to  section  306.1  or was initially fingerprinted as a
  juvenile offender and the action is subsequently removed to family court
  pursuant to article seven hundred twenty-five of the criminal  procedure
  law  has had all petitions disposed of by the family court in any manner
  other than an adjudication of juvenile delinquency for a felony, but  in
  the  case  of acts committed when such person was eleven or twelve years
  of age which would constitute a class A  or  B  felony  only,  all  such
  fingerprints,  palmprints,  photographs,  and  copies  thereof,  and all
  information relating to such allegations obtained  by  the  division  of
  criminal  justice  services pursuant to section 306.1 shall be destroyed
  forthwith.  The clerk of the court shall notify the commissioner of  the
  division  of  criminal  justice  services  and  the  heads of all police
  departments and law enforcement agencies having copies of such  records,
  who shall destroy such records without unnecessary delay.
    3.  If  the  appropriate  presentment  agency  does  not  originate  a
  proceeding under section  310.1  for  a  case  in  which  the  potential
  respondent's  fingerprints  were  taken  pursuant  to section 306.1, the
  presentment agency shall serve a certification of such action  upon  the
  division  of  criminal justice services, and upon the appropriate police
  department or law enforcement agency.
    4. If, following the taking into custody of a person alleged to  be  a
  juvenile  delinquent  and  the  taking and forwarding to the division of
  criminal justice services of such person's  fingerprints  but  prior  to
  referral  to the probation department or to the family court, an officer
  or agency, elects not to proceed further, such officer or  agency  shall
  serve  a  certification  of  such election upon the division of criminal
  justice services.
    5. Upon certification pursuant to subdivision twelve of section  308.1
  or  subdivision  three or four of this section, the department or agency
  shall destroy forthwith all fingerprints, palmprints,  photographs,  and
  copies  thereof, and all other information obtained in the case pursuant
  to section 306.1. Upon receipt of such certification,  the  division  of
  criminal justice services and all police departments and law enforcement
  agencies having copies of such records shall destroy them.
    6.   If   a   person  fingerprinted  pursuant  to  section  306.1  and
  subsequently adjudicated a juvenile delinquent for a felony, but in  the
  case  of acts committed when such a person was eleven or twelve years of
  age which would constitute a class A or B felony only,  is  subsequently
  convicted  of a crime, all fingerprints and related information obtained
  by the division of criminal justice services pursuant  to  such  section
  and  not  destroyed  pursuant  to  subdivisions  two,  five and seven or
  subdivision twelve of section 308.1 shall become part of such division's
  permanent adult criminal record for that person, notwithstanding section
  381.2 or 381.3.

    7.  When  a  person  fingerprinted  pursuant  to  section  306.1   and
  subsequently  adjudicated a juvenile delinquent for a felony, but in the
  case of acts committed when such person was eleven or  twelve  years  of
  age  which  would constitute a class A or B felony only, reaches the age
  of  twenty-one, or has been discharged from placement under this act for
  at least three years,  whichever  occurs  later,  and  has  no  criminal
  convictions  or pending criminal actions which ultimately terminate in a
  criminal conviction,  all  fingerprints,  palmprints,  photographs,  and
  related  information  and  copies  thereof  obtained pursuant to section
  306.1 in the possession of the division of  criminal  justice  services,
  any  police department, law enforcement agency or any other agency shall
  be destroyed forthwith. The division of criminal justice services  shall
  notify  the  agency  or  agencies  which  forwarded fingerprints to such
  division pursuant to section 306.1 of their obligation to destroy  those
  records  in  their  possession. In the case of a pending criminal action
  which does not terminate in a criminal conviction, such records shall be
  destroyed forthwith upon such determination.