New York

 

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.        

 

 

Juvenile Collateral Consequences in the State of New York

            New York’s juvenile delinquency proceedings are all held in family court.[1]  In contrast, if an individual is a juvenile or youthful offender, the proceedings take place in adult court.  In the state of New York, there is limited access to both juvenile delinquency records and youthful offender records.  However, if a juvenile is charged as a juvenile offender and not found to be eligible for youthful offender status, the records will be public. 

            During a juvenile’s adjudication, juveniles, their attorneys, and juveniles’ families may be unaware of who will have access to juvenile records both while the child is still a juvenile and afterwards.  New York does not have a central statutory list of collateral consequences for juveniles,[2]and judges are not required to inform a juvenile of all potential collateral consequences.  As such, it is important for a juvenile to become informed of the potential ramifications of a juvenile delinquency adjudication, youthful offender adjudication, or juvenile offender adjudication. 

 

Understanding the Justice System

            New York has three different classifications for young individuals who commit offenses within the state: a juvenile delinquent, who is “a person over seven and less than sixteen years of age,”[3]a youthful offender, who is defined as an individual who commits a crime and is at least sixteen years old and less than nineteen years old,[4]and a juvenile offender, who is an individual under the age of sixteen found guilty of specific acts enumerated by statute.[5]

            The State’s family court has jurisdiction over juvenile delinquency proceedings,[6]whereas a youthful offender is charged, tried, and convicted in New York’s criminal courts.[7]  If the individual is being charged as a juvenile offender, the case may be heard in the supreme court, or transferred to the family court.[8]  Regardless, the juvenile offender is subject to more serious penalties than a juvenile delinquent.[9]

Understanding Juvenile Delinquency Proceedings

            In Family Court, a juvenile charged with an act of delinquency is called the “respondent,” while the victim is the “complainant.”[10]  In New York, a juvenile delinquent is not considered “criminally responsible” for his or her actions by reasons of infancy.[11]  A finding of delinquency may also be made, however, against a juvenile whose case has been instituted in criminal court and subsequently transferred to family court.[12]  Such a transfer may occur for a juvenile charged as juvenile offender in criminal court.[13]  In Family Court, a case against a juvenile begins when a prosecuting attorney prepares a petition against a juvenile and presents it in court.[14]The petition must charge at least one act, which if committed by an adult, would constitute a crime.[15]  Once a juvenile case is presented in court, there are two principal proceedings that take place: (1) a fact-finding hearing and (2) a disposition hearing.[16]

            The fact-finding hearing is essentially the same as a criminal trial, albeit without a jury.[17]  If circumstances exist that warrant detention of a juvenile until the fact-finding hearing takes place, the court will hold a probable cause hearing to determine whether there is good cause to hold the juvenile in detention.[18]  At the conclusion of the fact-finding hearing, the judge must consider all the presented evidence and enter a finding.[19]

            If the judge makes a finding at the fact-finding hearing, the case proceeds to a dispositional hearing, where the judge will decide whether the respondent is in need of supervision, treatment, or confinement.[20]  If the court finds that a juvenile requires any of these three correctional devices, it will enter a finding that such juvenile is a juvenile delinquent and order the appropriate disposition.[21]  In contrast, and unique to New York’s juvenile justice system, if the court finds that the respondent does not need any supervision, treatment, or confinement, the petition is dismissed, regardless of the finding at the fact-finding hearing.[22]

            It is important to note that the procedure in Family Court varies if the juvenile is alleged to have committed a “designated felony act.”[23]   If a juvenile (also known as the respondent) is found to have committed a designated felony act, he or she may be subject to restrictive placement, which entails a stricter sentence and placement in a juvenile facility.[24]

            Under the Family Court Act, no adjudication of juvenile delinquency may be considered a conviction, and unless specifically required by statute, no person is required to disclose information of any juvenile arrest or proceeding.[25]

Understanding Juvenile Offender Proceedings

What is a juvenile offender?

            Under New York law, juveniles between the ages of thirteen and sixteen who commit specific enumerated acts are initially considered juvenile offenders, as opposed to juvenile delinquents.[26]  Juvenile offender proceedings must first be filed in criminal court, and unless the case is transferred to family court, the juvenile is tried and convicted in superior court.[27]  This distinction exists because the New York legislature has specifically directed that juveniles thirteen, fourteen, and fifteen years of age are criminally responsible for certain offenses.[28]  Absent removal to the Family Court, the juvenile will be treated as an adult.[29]

            A juvenile offender’s contact with the criminal justice system is drastically different than other juveniles.  Unlike most juveniles, a juvenile offender is arrested, whereas others are simply “taken into custody.”[30]  In addition, a juvenile offender’s first court appearance is at arraignment in criminal court.[31]  Finally, the juvenile is tried and the case is decided by either a plea or trial and a juvenile offender is sentenced, as opposed to the fact-finding and dispositional hearings that take place in Family Court.[32]

            A juvenile offender’s case may proceed in one of three different ways: (1) a case may, at the outset, be transferred to family court where the juvenile may be adjudicated delinquent,[33](2) the juvenile may be considered an eligible youth and, although the case will remain in adult court, all proceedings will be conducted in private, or (3) the juvenile may be tried as an adult, with all proceedings open to the public.[34]  If a juvenile is considered a “youth” by the court’s definition, the court will conduct a pre-sentence investigation following the conviction, and determine whether the interest of justice will be better served by relieving the youth of a criminal record and entering a youthful offender adjudication.[35]      

How do you transfer a juvenile offender to family court?

            Once arraigned in local criminal court, a juvenile may elect to hold a hearing to determine whether there is reasonable cause to believe the juvenile is criminally responsible for the alleged crime.[36]  If it is found that the juvenile is criminally responsible, the court must order the defendant to be held for grand jury in the superior court, and must then transmit such order and relevant documents to the designated court for the remainder of the case.[37]  If the court determines that there is not reasonable cause to believe the juvenile is criminally responsible for the alleged crime, but there is reasonable cause to believe he or she may be a juvenile delinquent, the court may direct the action to the family court.[38]

            In addition, the local criminal court will order removal of the case to family court if a number of factors have been established.[39]  Such factors include: the seriousness and circumstances of the offense, the extent of harm caused, the history and character of the defendant, the impact of removal on the safety of the community, and the attitude of the victim with regards to the motion.[40]  Such an issue may be raised by motion of the defendant, district attorney, or sua sponte by the court.[41]It is important to note that if a defendant is charged with one of four enumerated crimes, there are three additional factors that must be considered by the court: (a) mitigating circumstances that bear directly on the way the crime was committed; (b) if defendant was not the sole participant, that participation was relatively minor; and (c) possible deficiencies in the proof of the crime.[42]  If the court finds at least one of the factors and determines that removal is in the interest of justice, it may order removal to the family court.[43]

            The case may also be removed to family court after the verdict upon motion of the defendant.[44]  Such removal is possible so long as the juvenile offender was not convicted of murder in the second degree.[45]  If the district attorney consents to the motion, he or she must file a memorandum setting forth the existence of the following factors:[46](1) seriousness of the offense, (2) extent of harm caused, (3) evidence of guilt and whether it is admissible or inadmissible in court, (4) history and character of the defendant, (4) purpose and effect of imposing a sentence, (5) impact of removal to family court on the safety of the community, (6) impact of removal upon the public confidence in the justice system, (7) the attitude of the complainant or victim, and (8) any other relevant factors.[47]  In addition, other factors enumerated by statute must be considered if the defendant has committed either murder in the second degree, rape in the first degree, a criminal sexual act in the first degree, or an armed felony.[48]  If the court finds that it is in the interest of justice to remove the case to family court, the verdict shall be set aside and the defendant may plea guilty pursuant to subdivision three or four of the N.Y. Crim. Proc. Law § 220.10 (McKinney).[49]  Once the plea is entered, it shall be considered a juvenile delinquency fact determination and the court will direct that the action be removed to family court.[50]  From there, it proceeds in the same manner as a juvenile delinquency proceeding.

Is a juvenile offender eligible for youthful offender status?

            In certain instances, even though a juvenile may be qualified as a juvenile offender and tried as an adult, a juvenile may also be considered an “eligible youth” and the accusatory instrument will be filed as a sealed instrument with respect to the public.[51]   At the subsequent arraignment, the court may decide to conduct the arraignment and all subsequent proceedings in private.[52]  However, it is very important to realize that the decision to conduct the proceedings in private lies solely with the court, and it can decide to proceed publicly.[53]

            All juvenile offenders are considered eligible youths unless the conviction sought is for a class A-I or A-II felony, an armed felony, rape in the first degree, criminal sexual act in the first degree, or aggravated sexual abuse.[54]In addition, if previously been convicted of and sentenced for a felony, previously adjudicated a youthful offender, or previously adjudicated a juvenile delinquent who committed a designated felony act, a juvenile will be ineligible for a youthful offender adjudication.[55]

            However, even with these requirements, a juvenile who would normally be an ineligible youth may avoid a conviction if the court finds mitigating circumstances that bear directly upon the manner in which the crime was committed or where the defendant was not the sole participant in the crime, and that participation was relatively minor.

Understanding Youthful Offender Proceedings

            A juvenile who is between the ages of sixteen and nineteen may also be classified as an eligible youth and subsequently adjudicated a youthful offender.[56]  The requirements for classification as an eligible youth in this instance are the same as those for a juvenile offender.[57]

            Even though the court determines that an individual may be an eligible youth, the case still proceeds in the same manner as an adult, with the exception of possible confidentiality.  A youthful offender adjudication is not raised until after the individual is tried and convicted, or pleads guilty.[58]  Upon the youth’s conviction, the court will order a pre-sentence investigation to determine whether the eligible youth is a youthful offender.[59]  Such a determination is based on whether or not the interest of justice is best served by relieving the youth of a conviction or whether the youth has not had any prior convictions.[60]

            If a youth is convicted of two or more crimes, whether in the same or separate accusatory instruments, the court must adjudicate the individual a youthful offender on all convictions or none at all.[61]  Once the court determines that the youth is a youthful offender, his conviction is vacated and replaced by a youthful offender finding, and the youth is sentenced accordingly.[62]

 

Notification of Collateral Consequences of Juvenile and Youth Records

            There is no statutory authority directing that a juvenile or youth be notified of the collateral consequences of any type of court involvement.

 

Treatment of Juvenile Records

At what point in the process do court records begin?

            A juvenile’s court records begin upon the filing of a petition, which can only be filed by a designated presentment agency.[63]

Where are juvenile records stored?

            All other records remain with the courts where the juvenile is adjudicated.  In addition, the Department of Criminal Justice Services (DCJS) holds juvenile fingerprint records and records of dispositions on those records,[64]and must destroy a juvenile arrest record when the case outcome is favorable to the respondent or when the most serious adjudication charge is not one which requires retention.[65]Although juvenile delinquency records are protected from the public, if charged as a juvenile offender and not an eligible youth, a juvenile will be tried and convicted, resulting in a public criminal record.

What information do juvenile court records contain?

            Juvenile delinquency records contain all records and papers of family court proceedings.  If taken into custody or arrested when between thirteen and fifteen years of age, charged with any felony offense, a juvenile will be fingerprinted and these fingerprints will be added to their court records.[66]  In addition, a juvenile eleven to twelve years of age charged with a Class A or B felony offense will also be fingerprinted.[67]  The fingerprints are then immediately forwarded to DCJS, who holds all fingerprint information in its database.

            A juvenile delinquency record becomes a permanent part of the individual’s adult criminal history record if subsequently convicted of a crime before turning twenty-one years of age.[68]  However, if no such criminal act occurs, DCJS must destroy all records.[69]  If a juvenile is arrested and charged as a juvenile offender, the fingerprint information must be maintained on both adult and juvenile fingerprint cards.[70]

Who can access juvenile delinquency records?

Public: The records from any family court proceeding are not open to public inspection.[71]  Generally, unless specifically required by statute, no person may disclose information pertaining to a juvenile’s delinquency adjudication or any court proceedings.[72]  All police records relating to custody and disposition of a juvenile must be kept separate from the arrest and court records of adults, and withheld from public inspection.[73]  Further, the fact that a person was before the family court in a juvenile proceeding and any statements, admissions, or confessions from any stage of that proceedings are not admissible as evidence against that person in any other court.[74]  The exception to this is that a court may receive records and information that has not been sealed after the conviction while imposing sentence.[75]  In addition, the court is given discretionary power to permit inspection of any papers or records.[76]

Public and Private Schools:  If a juvenile adjudicated delinquent is placed with the office of children and family services, and is then enrolled in a public or private school, the court will provide a designated educational official with notification of the juvenile’s adjudication.[77]  The notification is to be used only as it relates to the juvenile’s successful school adjustment and reentry to the community.[78]  The records must be maintained separately from the juvenile’s permanent school records and be destroyed once the student is no longer enrolled in the school district.[79]

Mental Health Agencies:  Upon request of the agency, records of a juvenile delinquency adjudication may be made available to the commissioner of mental health, the commissioner of mental retardation and developmental disabilities, the case review panel, or the attorney general, to the extent the court deems it appropriate.[80]

The Respondent and Related Parties:  Upon motion and for good cause, the family court shall order a juvenile’s police records open to the respondent and the respondent’s parent or guardian.[81]

 

Treatment of Youthful Offender Records

At what point in the court process do records begin?

            Youthful offender court records begin upon filing the accusatory instrument, and if the individual is an eligible youth, the accusatory instrument is filed as a sealed instrument with respect to the public.[82]    

Where are youthful offender records stored?

            As with juvenile delinquency records, the Department of Criminal Justice Services (DCJS) holds fingerprint records and disposition information for those offenses that require fingerprints.[83]  Otherwise the records are held by the court.  As with juveniles, if the youth commits a specific offense and is found to be ineligible for youthful offender status, he or she will be tried and convicted as an adult with a public criminal record. 

Who can access youthful offender records?

            Generally, all official records and papers, whether or file or with the court, policy agency or DCJS related to a youth adjudicated a youthful offender are confidential and unavailable to any person or public or private agency.[84]  However, there are exceptions to this rule and some parties are granted access.

Public and Private Schools: A designated educational official of the public or private elementary or secondary school where a youthful offender is enrolled is provided with notice of a youthful offender adjudication.[85]  However, this official does not have access to any other official records and papers related to the adjudication, beyond mere notice.[86]  Further, the notification is to be kept completely separate from the student’s other school records, and is not part of the student’s permanent record and may not be included in any documentation regarding the student.[87]  Further, once the student is no longer enrolled in the school district, this notice and any documentation related thereof must be destroyed.[88]

            In addition, if there is a temporary order of protection or a warrant issued in connection with a youthful offender adjudication, such information may be made available to school officials to the extent it is necessary for the youth’s educational plan, successful school adjustment, and reentry into the community.[89]  This information is also kept separate from the student’s other school records and is accessible only by a designated school official.[90]  This information shall be destroyed as soon as the student is no longer enrolled at the school district.[91]         

State Agencies: The division of parole and the probation department may have access to the individual’s youthful offender records to the extent necessary to carry out duties specifically authorized by law.[92]

Mental Hygiene Agencies:  If the conviction replaced with a youthful offender adjudication is for a sex offense, all the records related to such an adjudication shall be included in reports that are accessible by the commissioner of mental health, the commissioner of mental retardation and developmental disabilities, the case review panel, and the attorney general.[93]

 

Sealing and Expunging Juvenile Records

How does a juvenile seal his juvenile record?

            If a delinquency proceeding is terminated in favor of the respondent, and unless the court determines that it is in the interest of justice to do otherwise, the clerk of the court must immediately notify the juvenile’s counsel, the presentment agency, the police department, and probation department, who are required to seal all official records and papers of the juvenile’s proceedings with the exception of those that have already been destroyed.[94]

            A juvenile may also file a motion to seal a record, which will be granted if the court finds that sealing the record is in the interest of justice.[95]  A juvenile may have any juvenile delinquency records sealed unless adjudicated delinquent for a designated felony act.[96] The motion must be made in writing and if the court denies it, the juvenile must wait a period of one year before renewing such a motion, unless the court’s denial provides for an earlier renewal time.[97]

How does a juvenile expunge a juvenile record?

            New York does not provide any statutorily mandated procedure for expungement of a juvenile’s record, however such an action is not precluded either.[98]  However, the family court does have discretion to do so upon motion of the respondent for relief by expunction.[99]

            If a juvenile is charged as a juvenile offender, is not an eligible youth, and is subsequently convicted, all records will remain public.  However, if the case is terminated in the juvenile’s favor, any photographic proof, palm prints, and fingerprints taken, and all duplicates and copies must be destroyed or returned to the person or the person’s attorney.  In addition, all official records and papers, including judgments and orders of a court except for published court decisions, opinions, or briefs must be sealed and remain unavailable to any person or public or private agency. 

 

Sealing and Expunging Youthful Offender Records

How does a youth seal a youthful offender record?

            Once adjudicated a youthful offender, all official records and papers related to the court proceeding must be sealed and remain confidential from the general public.[100]  This is done automatically and the youth does not need to take any affirmative actions to ensure this takes place.

            If the youth is not eligible for a youthful offender adjudication, the records will remain public.

How does a youth expunge a youthful offender record?

            As with juvenile records, New York does not “expunge” records in the traditional sense.  However, the records are sealed upon adjudication and if the case is terminated, various records are destroyed: such as fingerprints, palm prints, or photographs.

 

Collateral Consequences Affecting Elementary & Secondary Education Students

Can a complaint or charge brought against a juvenile affect elementary or secondary education?   

            Upon adjudication, the court that sentenced a juvenile is required to provide notification of the conviction and sentence to the designated educational office of the school in which the person is enrolled.[101]The statute further stipulates however that this information is to only be used by designated school officials for purposes relating to the execution of the student’s educational plan and should not be combined with the student’s permanent school records.[102]

If a child is sent to the juvenile detention center after arrest, what is the process of re-enrollment in school? Are there any rules that allow a school to refuse access?

            New York City public schools specifically prohibit discriminating against a student based on a juvenile record.[103]  School disciplinary records can result in removal from the schools, but criminal records outside of the school system do not affect the students’ status inside the school.[104]

Can a juvenile be suspended or expelled on the basis of a juvenile record or arrest?

            Because juvenile delinquency records are confidential,[105]a school will not be notified about a juvenile delinquency adjudication unless specified by statute.  However, statutes in New York do not expressly prohibit suspension or expulsion based on a juvenile record proceeding should the school somehow become aware it.[106]  Further, a student is subject to suspension or expulsion if classified as a “violent pupil,” who has committed an act of violence upon a teacher or employee (while on or off school property) or upon other student (while on school property).[107]  The classification as a violent pupil also covers the display of certain weapons, threatening acts, and damage to school property or personal property of a teacher or other employee.[108]  Finally, although the school is not given explicit access to records, New York statutes do make clear that a suspension decision can be made regardless, and in spite of, any determination by a criminal or juvenile court.[109]

Are there any collateral consequences effecting access to state higher education for a juvenile that have been adjudicated delinquent or charged with a crime?

            All state schools in New York are part of the State University of New York (“SUNY”) network, and have a uniform initial application process that requests the basic informational aspects of the application process.  The application asks if the applicant has ever been convicted of a felony.  However, the application states, “if you have been adjudicated with juvenile delinquent or youthful offender status, you are required to respond to the felony question by indicating a response of no.”[110]

 

Collateral Consequences to Receipt of Public Benefits & Privileges

Can having a juvenile record or being adjudicated delinquent affect eligibility for public housing?          

            There are no questions on the New York application for public housing involving either convictions or adjudications.[111]However, under eligibility processing there is a criminal background check for all persons aged sixteen and older that will be living within the household.[112]Since juvenile offender status can be granted to people as old as nineteen years of age and the records are public,[113]this information may be considered by the New York City Housing Authority (NYCHA) in a public housing determination.

            Under federal guidelines, households that include a juvenile who must register as a sex offender will be banned from public housing forever.[114]Households which include a member who has been convicted, as an adult or juvenile, of manufacturing or otherwise producing methamphetamine on the premises of a federally assisted housing program will also be banned permanently from admission to public housing.[115]

            In addition, a household may also be banned from public housing if a housing provider determines that a member iscurrently engaged in the illegal use of a controlled substance or if the housing provider has a reasonable belief that a household member’spattern of illegal drug use may threaten the health, safety, or right to peaceful enjoyment of the premise by other residents.[116]  When considering whether to admit a household that was formerly rejected due to a member’s illegal drug usage, the housing provider may consider a member’s rehabilitation as evidenced by completing or participating in treatment.[117]

            A housing provider may exclude any household which includes a member currently engaging in, or has engaged in during a reasonable time before the admissions decision, any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees.[118]

Can a juvenile record affect a driver’s license or permit?

            There is a mandatory six month suspension of licenses for juvenile delinquency adjudications.[119]  However, any time served in custody in connection with a juvenile adjudication will be credited against the period of the suspension.[120]  Additionally, a judge may lift the suspension if there are compelling circumstances warranting an exception.[121]  There is an automatic one-year suspension for an adjudication in connection with violation of section 240.62 and 240.60[122]of the New York Penal Code.[123]The maximum period for suspension is one year.[124]  In addition, restricted use licenses are available for purposes of employment, education and medical treatment at the discretion of the commissioner of motor vehicles.[125]

 

Collateral Consequences Affecting Employment Opportunities

Do employers generally have access to an applicants’ juvenile records?          

            Youthful offender and juvenile delinquent adjudication information is not accessible since these records are automatically sealed upon adjudication, unless the interests of justice require otherwise.[126]  Barring specific statutory language or authorization by a court, all official records and papers (whether on file with the court, police agency, or division of criminal justice services) are confidential and are not available to any person or public or private agency.[127]  A sealed record will not appear on the copy of the rap sheet that the N.Y State Division of Criminal Justice Services sends to employers.[128]

What kind of employers can view a juvenile record after it has been sealed?

            A commercial background check will not reveal sealed adjudications or convictions. There are four categories of agencies that can view a record once it’s been sealed:[129]the individual person, criminal justice agencies,[130]and some occupational licensing agencies.[131]  Most of these occupational licensing agencies only apply to youth convicted as a juvenile offender and not youthful offender or juvenile delinquent, as these are adjudications and not convictions.[132]

How should a juvenile respond to inquires about a record on job applications?

            Juvenile delinquency and youthful offender findings are considered adjudications and therefore do not need to be disclosed.[133]  Juveniles may not deny existence of any arrest or adjudication when applying for a law enforcement job, as they have access to all records, sealed or unsealed.[134]

            Except for law enforcement, private and public employers and occupational licensing authorities may not ask about arrests that did not lead to conviction, including youthful offender adjudications.[135]  Typically, individuals are not required to divulge juvenile delinquency proceedings or adjudications on employment applications.[136]

What can employers lawfully do with adjudication and conviction information?

            It is unlawful for companies to discriminate against individuals when a juvenile offender adjudication is terminated in favor of the individual, or when there was an arrest that is no longer pending.[137]  Except for law enforcement agencies, employers and licensing agencies may not “act adversely upon” youthful offender adjudications.[138]

 

Special Offender Registries

Are juveniles subject to sex offender registration?

            If a juvenile is adjudicated a youthful offender or juvenile delinquent, the records are unavailable to the public and not subject to sex offender registration.[139]  However, juvenile offenders are required to register, since these are public records.[140]  Registration takes place in the same manner as adult registration.[141]

 




[1]N.Y. Fam. Ct. Act § 302.1 (McKinney 2011).

[2]However, New York does have the Collateral Consequences Calculator: the calculator tracks collateral consequences in immigration and public housing elegibility for adults.  Although this is technically only for adults, it covers juvenile offenders, as well, whose records are also public.  The calculator is available at: http://calculator.law.columbia.edu(last visited Aug. 15, 2011). 

[3]N.Y. Fam. Ct. Act § 301.2 (McKinney 2011).

[4]N.Y. Crim. Proc. Law § 720.10 (McKinney 2011).

[5]N.Y. Crim. Proc. Law § 1.20(42) (McKinney 2011).

[6]N.Y. Fam. Ct. Act § 302.1(1) (McKinney 2011).

[7]N.Y. Crim. Proc. Law § 720.20 (McKinney 2011).

[8]N.Y. St. Unified Court System, New York City Family Court, Juvenile Delinquency, http://www.nycourts.gov/courts/nyc/family/faqs_juvenile.shtml(Last visited July 10, 2010).

[9]Id

[10]Id.

[11]N.Y. Fam. Ct. Act § 301.2(1)(a) (McKinney 2011).

[12]N.Y. Fam. Ct. Act § 301.2(1)(b) (McKinney 2011).

[13]N.Y. Crim. Proc. Law § 725 (McKinney 2011).

[14]N.Y. Fam. Ct. Act § 310.1(1) (McKinney 2011).

[15]N.Y. Fam. Ct. Act § 311.1(2) (McKinney 2011).

[16]N.Y. St. Unified Court System, New York City Family Court, Juvenile Delinquency, http://www.nycourts.gov/courts/nyc/family/faqs_juvenile.shtml(Last visited July 10, 2010).

[17]Id.

[18]N.Y. Fam. Ct. Act § 325.3(1) (McKinney 2011).

[19]N.Y. Fam. Ct. Act § 342.1(7) (McKinney 2011).

[20]N.Y. St. Unified Court System, New York City Family Court, Juvenile Delinquency, http://www.nycourts.gov/courts/nyc/family/faqs_juvenile.shtml#jd1(Last visited July 10, 2010).

[21]N.Y. Fam. Ct. Act § 352.1(1) (McKinney 2011).

[22]N.Y. Fam. Ct. Act § 352.1(2) (McKinney 2011).

[23]N.Y. Fam. Ct. Act § 301.2(8) (McKinney 2011).

[24]N.Y. Fam. Ct. Act § 353.5(1) (McKinney 2011).

[25]N.Y. Fam. Ct. Act § 380.1(3) (McKinney 2011).

[26]N.Y. Crim. Proc. Law § 1.20(42) (McKinney 2011).

[27]Matter of Elizabeth R., 169 Misc. 2d 58, 60, 646 N.Y.S.2d 240 (N.Y. Fam. Ct. 1996). 

[28]N.Y. Penal Law § 30.00 (McKinney 2011).

[29]Matter of Elizabeth R., 169 Misc. 2d, 60.

[30]Processing Juvenile Cases, NY Department of Juvenile Justice. http://www.nyc.gov/html/djj/html/cases.html(Last visited July 12, 2010).

[31]Id.   

[32]Id.   

[33]N.Y. Crim. Proc. Law § 210.43 (McKinney 2011).

[34]N.Y. Crim. Proc. Law § 720.15 (McKinney 2011).

[35]N.Y. Crim. Proc. Law § 720.20 (McKinney 2011).

[36]N.Y. Crim. Proc. Law § 180.75(3) (McKinney 2011).

[37]N.Y. Crim. Proc. Law § 180.75(3)(a) (McKinney 2011).

[38]N.Y. Crim. Proc. Law § 180.75(3)(b) (McKinney 2011).

[39]N.Y. Crim. Proc. Law § 180.75(4) (McKinney 2011).

[40]Id.

[41]N.Y. Crim. Proc. Law § 210.43(1) (McKinney 2011).

[42]N.Y. Crim. Proc. Law § 210.43(1)(b) (McKinney 2011); N.Y. Crim. Proc. Law § 180.75(4) (McKinney 2011).

[43]Id.

[44]N.Y. Crim. Proc. Law § 330.25(1) (McKinney 2011).

[45]N.Y. Crim. Proc. Law § 330.25(1) (McKinney 2011).

[46]N.Y. Crim. Proc. Law § 330.25 (McKinney 2011).

[47]N.Y. Crim. Proc. Law § 210.43(2) (McKinney 2011).

[48]N.Y. Crim. Proc. Law § 330.25(2) (McKinney 2011).

[49]N.Y. Crim. Proc. Law § 330.25(3) (McKinney 2011).

[50]Id.

[51]N.Y. Crim. Proc. Law § 720.15(1) (McKinney 2011).

[52]N.Y. Crim. Proc. Law § 720.15(2) (McKinney 2011).

[53]Id.

[54]N.Y. Crim. Proc. Law § 720.10 (McKinney 2011).

[55]N.Y. Crim. Proc. Law § 720.10(2) (McKinney 2011).

[56]N.Y. Crim. Proc. Law § 720.10(1) (McKinney 2011).

[57]N.Y. Crim. Proc. Law § 720.10 (McKinney 2011).

[58]N.Y. Crim. Proc. Law § 720.10(4) (McKinney 2011).

[59]N.Y. Crim. Proc. Law § 720.20(1) (McKinney 2011).

[60]N.Y. Crim. Proc. Law § 720.20(a), (b) (McKinney 2011).

[61]N.Y. Crim. Proc. Law § 720.20(2) (McKinney 2011).

[62]N.Y. Penal Law § 60.02 (McKinney 2011).

[63]N.Y. Fam. Ct. Act § 310.1 (McKinney 2011).

[64]N. Y. St. Div. of Crim, Just. Ser., Understanding Juvenile Fingerprinting in New York State, http://www.criminaljustice.state.ny.us/crimnet/ojsa/juvefng/newfng1.htm(last visted July 14, 2010)

[65]N.Y. Fam. Ct. Act § 354.1 (McKinney 2011); N. Y. St. Div. of Crim, Just. Ser., Understanding Juvenile Fingerprinting in New York State, http://criminaljustice.state.ny.us/crimnet/ojsa/juvefng/newfngpt.pdf(Last visited July 15, 2010). 

[66]Id.

[67]Id. 

[68]Id.

[69]N. Y. St. Div. of Crim, Just. Ser. Juvenile Fingerprinting in New York State, http://www.criminaljustice.state.ny.us/crimnet/ojsa/juvefng/newfng1.htm(Last visited July 15, 2010). 

[70]Id.

[71]N.Y. Fam. Ct. Act § 166 (McKinney 2011). 

[72]N.Y. Fam. Ct. Act § 380.1(3) (McKinney 2011).

[73]N.Y. Fam. Ct. Act § 381.3 (McKinney 2011).

[74]N.Y. Fam. Ct. Act § 381.2(1) (McKinney 2011).

[75]N.Y. Fam. Ct. Act § 381.2(2) (McKinney 2011).

[76]N.Y. Fam. Ct. Act § 166 (McKinney 2011).

[77]N.Y. Fam. Ct. Act § 380.1(3) (McKinney 2011).

[78]Id.

[79]Id.

[80]N.Y. Fam. Ct. Act § 380.1(4) (McKinney 2011).

[81]N.Y. Fam. Ct. Act § 381.3 (McKinney 2011).

[82]N.Y. Crim. Proc. Law § 720.15(1) (McKinney 2011).

[83]N.Y. Crim. Proc. Law § 720.15(1) (McKinney 2011).

[84]N.Y. Crim. Proc. Law § 720.35(2) (McKinney 2011).

[85]Id.

[86]Id.

[87]N.Y. Crim. Proc. Law § 720.35(3) (McKinney 2011).

[88]Id.

[89]N.Y. Crim. Proc. Law § 720.35(2) (McKinney 2011).

[90]Id.

[91]Id.

[92]Id. 

[93]N.Y. Crim. Proc. Law § 720.35(4) (McKinney 2011).

[94]N.Y. Fam. Ct. Act 375.1(1) (McKinney 2011).

[95]N.Y. Fam. Ct. Act § 375.2(1) (McKinney 2011).

[96]Id.

[97]N.Y. Fam. Ct. Act § 375.2(4) (McKinney 2011).

[98]N.Y. Fam. Ct. Act § 375.3 (McKinney 2011).

[99]Richard S. v. City of New York, 32 N.Y.2d 592, 300 N.E.2d 426 (1973)

[100]N.Y. Crim. Proc. Law § 720.35(2) (McKinney 2011).

[101]N.Y. Crim. Proc. Law § 380.90 (McKinney 2011).

[102]Id.

[103]See N.Y.C. Dept. of Educ., Chancellor’s Rules on Admission’s, Section I, Part J  (2009) available at http://docs.nycenet.edu/docushare/dsweb/Get/Document-11/A-101%20Final.pdf.

[104]Id.

[105]N.Y. Fam. Ct. Act § 166 (McKinney 2011).

[106]N.Y. Educ. Law § 3214 (McKinney 2011).

[107]Id. at 2-a(a).

[108]Id.

[109]Id. at 3(c).

[110]See St. Univ. of N. Y., Undergraduate application, available at https://www.suny.edu/student/oas/welcome.do;jsessionid=0e303da19ef62b17ba6758552a43241d75e2. (last visited January 2011). 

[111]N.Y.C. Housing Authority, Application for Public Housing, http://www.nyc.gov/html/nycha/downloads/pdf/070002i_pub_hsg_app.pdf.

[112]See N.Y.C. Housing Authority, Guide to Applying for Public Housing (Rev. July 2011), http://www.nyc.gov/html/nycha/downloads/pdf/070008_pub_hsg_guide.pdf.

[113]Juvenile offender status differs from youthful offender and juvenile delinquent status whose records are sealed upon adjudication.  See N.Y. Crim. Proc. Law § 1.20(42) (McKinney 2009). 

[114]42 U.S.C. § 13663(a) (2010).

[115]42 U.S.C. § 1437n(f)(1) (2010); 24 C.F.R. § 966.4(l)(5)(i)(A) (2010).

[116]24 C.F.R. § 966.4(l)(2)(iii) (2010); 24 C.F.R. § 966.4(l)(5)(i)(B) (2010) (“In addition, the lease must provide that a PHA may evict a family when the PHA determines that a household member is illegally using a drug”).

[117]42 U.S.C. § 13661(b)(2) (2010); 24 C.F.R. § 982.553(a)(1)(i)(A) (2010) (The household may be readmitted if “the evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA”).

[118]Id.

[119]N.Y. Veh. & Traf. Law § 510(2)(a)(v) (McKinney 2011)(repealed Oct. 1, 2011) (including adjudications in connection with: any misdemeanor or felony defined in N.Y. Penal Law § 220 – 21 (McKinney 2011), any violation of the federal controlled substances act, any crime in violation of N.Y. Veh. & Traf. Law § 1192(4) (McKinney 2011).

[120]Id.

[121]N.Y. Veh. & Traf. Law § 510(2)(a)(vi) (McKinney 2011)(repealed Oct. 1, 2011).

[122]N.Y. Penal Law § 240.62 (McKinney 2011) (regarding the offense of falsely reporting an incident to officials).

[123]N.Y. Veh. & Traf. Law § 510(2)(a)(xii) (McKinney 2011).

[124]N.Y. Veh. & Traf. Law § 510(3)(j) (McKinney 2011).

[125]N.Y. Veh. & Traf. Law § 530 (McKinney 2011).

[126]N.Y. Crim. Proc. Law § 720.35(2) (McKinney 2011); N.Y. Fam. Ct. Act § 375.1 (McKinney 2011).

[127]Id.

[128]N.Y. Crim. Proc. Law § 160.55(1) (McKinney 2011).

[129]N.Y. Comp. Codes R. & Regs. tit. 9, § 6050.1.

[130]Including police departments, courts, district and defense attorneys, parole and probation departments and the Dept. of Corrections.

[131]Including barbers, taxi drivers, nurses and security guards.

[132]N.Y. Crim. Proc. Law § 1.20(42) (McKinney 2011).

[133]Id.

[134]N.Y. Crim. Proc. Law § 160.60 (McKinney 2011).

[135]N.Y. Exec. Law § 296(16) (McKinney 2011).

[136]N.Y. Fam. Ct. Act § 380.1(3) (McKinney 2011).

[137]N.Y. Exec. Law § 296(16) (McKinney 2011); N.Y. Correct. Law § 752 (McKinney 2011).

[138]Id.

[139]N. Y. St. Div. of Crim. Just. Ser., Frequently Asked Questions, http://criminaljustice.state.ny.us/nsor/faq.htm (last visited Aug. 15, 2011). 

[140]Id.

[141]Id.   

Resources/Links

New York State Defender's Association
http://www.nysda.org/
New York County District Attorney's Office
http://manhattanda.org/
The New York City Administration for Children’s Services - Youth and Family Justice
http://www.nyc.gov/html/djj/home.html
The Institute for Juvenile Justice Reform and Alternatives
http://www.stopschoolstojails.org/ijjra-newyork.html
The New York Juvenile Justice Coalition
http://www.correctionalassociation.org/JJP/jjcoalition.htm
New York State Division of Criminal Justice Services- New York State Juvenile Delinquency Prevention Program
http://criminaljustice.state.ny.us/ofpa/juvdelprevfactsheet.htm
Federal Public Defender's Office- Western District of New York
http://nyw.fd.org/mission.htm