Section 375.1. Order upon termination of a delinquency action in favor of the respondent  


Latest version.
  • 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 law guardian or 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        (a) the petition is withdrawn; or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.