If my son was adjudication a youthful offender and I want to relocate to another state, does he have to disclose anything or are his records sealed there as well?
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If my son was adjudication a youthful offender and I want to relocate to another state, does he have to disclose anything or are his records sealed there as well?
Asked on November 11, 2014 under Criminal Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If the sealing is done in New York under CPL 720.35 then it is done automatically upon adjudication. These records are available to certain agencies under the law and to certain others who make make a motion to review them. The sealing follows him where ever he goes but again, the records are available to certain agencies. If he was acquitted then they are permanently sealed and finger prints destroyed. Here is who may see them and the exception:
- The institution to which the youth has been committed.
- The division of parole.
- The probation department.
- The statewide registry of orders of protection when an order of protection or family offense warrant is issued.
- The designated educational official (DEO) of the public or private elementary or secondary school in which the youth is enrolled as a student. The DEO shall not have access to any other official records except an order of protection or temporary order of protection issued pursuant to CPL 530.12.
- Statewide registry for orders of protection or a warrant issued pursuant to CPL 530.12.
Exceptions
- Where specifically required or permitted by statute.
- Upon specific authorization of the court
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