Bill Text: NY A06289 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the confidentiality and expungement of records in juvenile delinquency cases in the family court; requires certain records to be expunged automatically.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Introduced) 2024-01-03 - ordered to third reading cal.180 [A06289 Detail]

Download: New_York-2023-A06289-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6289--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced  by M. of A. HEVESI, GONZALEZ-ROJAS -- read once and referred
          to the Committee on Children and  Families  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        AN ACT to amend the family court act, in relation to the confidentiality
          and expungement of records in juvenile delinquency cases in the family
          court

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  family  court act is amended by adding a new section
     2  301.5 to read as follows:
     3    § 301.5. Confidentiality of juvenile delinquency records. 1. "Juvenile
     4  delinquency record" refers to the records, reports and information main-
     5  tained in any form, including electronic, by the family court,  juvenile
     6  probation,  the  presentment  agency, state criminal justice information
     7  systems, law enforcement agencies or any other public servant  document-
     8  ing  the  juvenile's  contact  with the juvenile justice system from the
     9  time of investigation and arrest.
    10    2. The following records, reports, and information acquired or  gener-
    11  ated  in family court, juvenile probation or by arrests concerning juve-
    12  niles shall be confidential and shall not  be  open  to  inspection  nor
    13  released to any person, department, agency, or entity:
    14    (a) Juvenile legal files, including but not limited to:
    15    (i) Juvenile delinquency petitions;
    16    (ii)  Adolescent  offender  petitions  if the action is transferred or
    17  removed to family court pursuant to article seven hundred twenty-two  of
    18  the criminal procedure law;
    19    (iii)  Juvenile  offender petitions if the action is removed to family
    20  court pursuant to article seven  hundred  twenty-five  of  the  criminal
    21  procedure law;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05815-02-3
        A. 6289--A                          2

     1    (iv)  Predisposition  reports,  including probation investigations and
     2  diagnostic assessments;
     3    (v) Risk assessment instruments;
     4    (vi) Notices;
     5    (vii) Motions;
     6    (viii) Legal memoranda; and
     7    (ix) Orders.
     8    (b) Law enforcement records, including but not limited to:
     9    (i) Fingerprints, photographs, palmprints;
    10    (ii) DNA samples;
    11    (iii) Arrest records;
    12    (iv)  Demographic information that identifies a juvenile or the family
    13  of a juvenile; and
    14    (v) State criminal justice information system records.
    15    (c) Personal social records, including but not limited to:
    16    (i) Records of juvenile probation officers;
    17    (ii) Medical records;
    18    (iii) Psychiatric or psychological records;
    19    (iv) Reports of preliminary inquiries and predisposition reports;
    20    (v) Supervision records;
    21    (vi) Birth certificates;
    22    (vii) Individualized service plans;
    23    (viii) Detention records; and
    24    (ix) Demographic information that identifies a juvenile or the  family
    25  of a juvenile.
    26    3.  Upon  a written petition and a finding of compelling interest, and
    27  in accordance with the conditions below, the juvenile  court  may  order
    28  release  of  the  juvenile  name and designated portions of the records,
    29  reports, and information described in  paragraphs  (a)  through  (c)  of
    30  subdivision  two  of this section to another person, department, entity,
    31  or agency.
    32    (a) The requesting party shall provide notice to the juvenile and  his
    33  or her attorney of the petition and an opportunity to object.
    34    (b) The court shall hold a hearing on the petition if requested by the
    35  petitioner or juvenile.
    36    (c)  The  petition filed with the court and served on the juvenile and
    37  his or her attorney shall state the following:
    38    (i) The reason the person, department, entity, or agency is requesting
    39  the information;
    40    (ii) The use to be made of the  information,  including  any  intended
    41  re-disclosure; and
    42    (iii)  The  names  of  those persons within the department, entity, or
    43  agency who will have access to the information.
    44    (d) In ruling on the petition, the court shall  consider  the  privacy
    45  interests  of  the  juvenile and potential risk of harm to the juvenile,
    46  whether a compelling reason exists for release of the  information,  and
    47  whether  the  release  is  necessary  for the protection of an important
    48  interest.
    49    (e) The court may impose restrictions on the use and re-disclosure  of
    50  the released information.
    51    4.  An officer of the court with whom the proceedings pursuant to this
    52  article are filed, or his or her  clerk,  either  before  or  after  the
    53  conclusion  of  such  proceedings, shall not permit a copy of any of the
    54  documents relating to such proceedings to be taken or seen by any person
    55  other than the respondent, the  attorney  for  the  child,  an  attorney
        A. 6289--A                          3

     1  employed  by  the  presentment  agency,  or  an official employed by the
     2  probation service, except by order of the court.
     3    5.  Notwithstanding  the  provisions  of  subdivision  three  of  this
     4  section, an officer of the court, or his or her clerk, shall not  permit
     5  access  of  any  person  to a record which has been expunged pursuant to
     6  section 375.1 or section 375.2 of this article.
     7    6. A violation of this section shall create  a  cause  of  action  for
     8  civil damages of up to one thousand dollars.
     9    §  2. The section heading and subdivisions 1 and 2 of section 354.1 of
    10  the family court act, the section heading as added by chapter 920 of the
    11  laws of 1982 and subdivisions 1 and 2 as amended by chapter 810  of  the
    12  laws  of 2021, are amended and two new subdivisions 8 and 9 are added to
    13  read as follows:
    14    Retention and destruction of fingerprints; DNA and other genetic mate-
    15  rial of persons alleged to be juvenile delinquents.    1.  If  a  person
    16  whose  fingerprints,  palmprints  or  photographs were taken pursuant to
    17  section 306.1 of this article or who was initially  fingerprinted  as  a
    18  juvenile  or  adolescent offender and the action is subsequently removed
    19  to a family court pursuant to article seven hundred twenty-five or arti-
    20  cle seven hundred twenty-two of the criminal procedure  law  is  adjudi-
    21  cated  to  be a juvenile delinquent for a felony, the family court shall
    22  forward or cause to be forwarded to the  division  of  criminal  justice
    23  services  notification of such adjudication and such related information
    24  as may be required by such division, provided, however, in the case of a
    25  person twelve years of age such notification shall be provided  only  if
    26  the  act upon which the adjudication is based would constitute a class A
    27  or B felony.
    28    2. If a person whose  fingerprints,  palmprints  or  photographs  were
    29  taken  pursuant  to  section  306.1 of this article or who was initially
    30  fingerprinted as a juvenile or adolescent offender  and  the  action  is
    31  subsequently  removed  to family court pursuant to article seven hundred
    32  twenty-five or article seven hundred twenty-two of the  criminal  proce-
    33  dure  law  has  had all petitions disposed of by the family court in any
    34  manner other than an adjudication of juvenile delinquency for a  felony,
    35  but  in  the case of acts committed when such person was twelve years of
    36  age [which would constitute] other  than  an  adjudication  of  juvenile
    37  delinquency  for  a  class  A or B felony [only], all such fingerprints,
    38  palmprints, photographs, and copies thereof, and all information  relat-
    39  ing  to  such  allegations  obtained by the division of criminal justice
    40  services pursuant to section 306.1 of this article  shall  be  destroyed
    41  forthwith.  The  clerk of the court shall notify the commissioner of the
    42  division of criminal justice  services  and  the  heads  of  all  police
    43  departments  and law enforcement agencies having copies of such records,
    44  who shall destroy such records without unnecessary delay.
    45    8. When a person whose fingerprints, palmprints  or  photographs  were
    46  taken  pursuant to section 306.1 of this article and who is subsequently
    47  adjudicated a juvenile delinquent for a felony, but in the case of  acts
    48  committed when such person was twelve years of age other than an adjudi-
    49  cation  of  juvenile delinquency for a class A or B felony, and the case
    50  is expunged pursuant to section 375.1 or section 375.2 of this  article,
    51  all  fingerprints,  palmprints, photographs, and related information and
    52  copies thereof obtained pursuant to section 306.1 of this article in the
    53  possession of the division of  criminal  justice  services,  any  police
    54  department,  law  enforcement  agency  or  any  other  agency  shall  be
    55  destroyed forthwith. The division of  criminal  justice  services  shall
    56  notify the agency or agencies which forwarded fingerprints to such divi-
        A. 6289--A                          4

     1  sion  pursuant  to  section 306.1 of this article of their obligation to
     2  destroy those records in their possession.
     3    9.   If any DNA or other genetic material was obtained from a juvenile
     4  by any law enforcement officer or other public  servant  acting  in  the
     5  course  of  his or her official duties or by a state or local government
     6  entity, other than DNA or other genetic material obtained in  connection
     7  with a parentage or related proceeding or a juvenile offender or adoles-
     8  cent  offender proceeding not removed to the family court, such material
     9  and any analyses or reports regarding such  material,  as  well  as  any
    10  record  included  in  any  DNA  identification  index  maintained by any
    11  government entity, shall be expunged forthwith. Any DNA or other genetic
    12  material obtained in connection  with  a  parentage  proceeding  related
    13  thereto  or  any juvenile offender or adolescent offender proceeding may
    14  be used only in connection with such proceeding and may not be disclosed
    15  to or utilized by any law enforcement agency or admitted  into  evidence
    16  in any proceeding under this article.
    17    §  3.   Section 375.1 of the family court act, as added by chapter 920
    18  of the laws of 1982, subdivision 1 as amended by chapter 41 of the  laws
    19  of  2010, paragraphs (d), (f) and (h) of subdivision 2 and subdivision 3
    20  as amended and paragraph (i) of subdivision 2 as added by chapter 398 of
    21  the laws of 1983, is amended to read as follows:
    22    § 375.1. Order upon termination of a delinquency action  in  favor  of
    23  the respondent.  1. Upon termination of a delinquency proceeding against
    24  a  respondent in favor of such respondent, unless the presentment agency
    25  upon written motion with  not  less  than  eight  days  notice  to  such
    26  respondent demonstrates to the satisfaction of the court that the inter-
    27  ests  of  justice  require otherwise or the court on its own motion with
    28  not less than eight days notice to such respondent determines  that  the
    29  interest  of  justice  require  otherwise and states the reason for such
    30  determination on the record, the clerk of the  court  shall  immediately
    31  notify  the  counsel  for  the  child,  the  director of the appropriate
    32  presentment agency, and the heads of the appropriate  probation  depart-
    33  ment  and  police  department  or other law enforcement agency, that the
    34  proceeding has terminated in favor of the  respondent  and,  unless  the
    35  court  has  directed  otherwise,  that  the  records  of  such action or
    36  proceeding, other than those destroyed pursuant to section 354.1 of this
    37  act, shall be [sealed] expunged.  Upon receipt of such notification  all
    38  official  records  and  papers,  including  judgments  and orders of the
    39  court, but not including public court decisions or opinions  or  records
    40  and  briefs  on  appeal, relating to the arrest, the prosecution and the
    41  probation service proceedings, including all duplicates or copies there-
    42  of, on file  with  the  court,  police  agency,  probation  service  and
    43  presentment agency shall be [sealed] expunged, and not made available to
    44  any  person  or  public  or  private agency; provided, however, that the
    45  probation service may retain a copy of the record under seal  solely  in
    46  order  to  comply with subdivision four of section 308.1 of this article
    47  until the respondent's eighteenth birthday or the  conclusion  of  their
    48  probation  supervision,  at  which  time  all records shall be expunged.
    49  Such records shall remain sealed during the pendency of any motion  made
    50  pursuant to this subdivision.
    51    2.  The effect of having a record expunged, whether pursuant to subdi-
    52  vision one of this section or pursuant to section 375.2  of  this  part,
    53  shall  be that all juvenile records shall be destroyed and thereafter no
    54  person or agency shall be allowed to release any information  concerning
    55  such  record,  except  as  provided by this section. The court, juvenile
    56  probation office, law enforcement offices, presentment  agency  and  any
        A. 6289--A                          5

     1  other  relevant agency shall reply to an inquiry that no juvenile record
     2  exists with respect to the person whose record was expunged.
     3    3. With respect to the matter in which the record was expunged and any
     4  preceding action resulting from the same alleged conduct, the person who
     5  is  the  subject of the record and the person's parent shall not be held
     6  thereafter under any provision of law to be guilty of perjury or  other-
     7  wise  giving  a  false  statement  by  reason of the person's failure to
     8  recite or acknowledge such record.
     9    4. For the purposes of subdivision one of this section, a  delinquency
    10  proceeding  shall  be  considered  terminated  in  favor of a respondent
    11  where:
    12    (a) the petition is withdrawn; or
    13    (b) the petition is dismissed under section 315.1  or  315.2  of  this
    14  article  and  the presentment agency has not appealed from such order or
    15  the determination of an appeal or  appeals  from  such  order  has  been
    16  against the presentment agency; or
    17    (c)  the petition has been deemed to have been dismissed under section
    18  315.3 and the presentment agency has not appealed from such order or the
    19  determination of an appeal or appeals from such order has  been  against
    20  the  presentment agency; provided, however, that an agreement to prevent
    21  expungement under this section may not be required as a condition of  an
    22  adjournment  in  contemplation  of dismissal under section 315.3 of this
    23  article; or
    24    (d) the petition is dismissed without prejudice under subdivision four
    25  of section 325.3 of this article and  the  presentment  agency  has  not
    26  appealed  from  such  order or the determination of an appeal or appeals
    27  from such order has been against the presentment agency; or
    28    (e) the entire petition has been dismissed under  subdivision  two  of
    29  section 345.1 of this article; or
    30    (f)  the  petition is dismissed under subdivision two of section 352.1
    31  of this part; or
    32    (g) prior to the filing of a petition, the  probation  department  has
    33  adjusted the case or terminated the case without adjustment; or
    34    (h)  prior  to the filing of a petition the presentment agency chooses
    35  not to proceed to petition; or
    36    (i) the petition is dismissed pursuant to a motion made in  accordance
    37  with subdivision eight, nine or ten of section 332.1 of this article; or
    38    (j)  following  an  arrest,  the arresting police agency, prior to the
    39  filing of an accusatory instrument  in  court,  elects  not  to  proceed
    40  further; or
    41    (k)  the respondent was adjudicated for an act that if committed by an
    42  adult would constitute a crime under  former  sections  221.15,  221.20,
    43  221.35, 221.40 or 240.37 or section 240.36 of the penal law; or
    44    (l)  the respondent was adjudicated for an act that was committed when
    45  the respondent was under the age of twelve, other than the acts  enumer-
    46  ated  in  subparagraph  (iii)  of  paragraph  (a)  of subdivision one of
    47  section 301.2 of this article.
    48    5. When a person was previously adjudicated delinquent as described in
    49  paragraph (k) or (l) of subdivision four  of  this  section,  the  chief
    50  administrative  judge of the state of New York shall, in accordance with
    51  this section, automatically vacate, dismiss, and  expunge  such  adjudi-
    52  cation,  and the office of court administration shall immediately notify
    53  the state division of criminal justice  services,  directing  that  such
    54  agency  notify all relevant police and law enforcement agencies of their
    55  duty to destroy all records related to such case.
        A. 6289--A                          6

     1    [3.] 6. Records sealed pursuant  to  subdivision  one  shall  be  made
     2  available  to the respondent or his designated agent and the records and
     3  papers of a probation  service  shall  be  available  to  any  probation
     4  service  for  the  purpose of complying with subdivision four of section
     5  308.1 of this article.
     6    [4.]  7.  If  prior to the filing of a petition the presentment agency
     7  elects not to commence a delinquency action it  shall  serve  a  certif-
     8  ication  of  such disposition upon the appropriate probation service and
     9  the appropriate police department or law enforcement agency, which, upon
    10  receipt [thereto] thereof, shall comply with the provision  of  subdivi-
    11  sion  one of this section in the same manner as is required with respect
    12  to an order of the court.
    13    [5.] 8. If the probation service adjusts a delinquency case  it  shall
    14  serve  a  certification  of such disposition upon the appropriate police
    15  department or law enforcement agency which, upon receipt thereof,  shall
    16  comply  with  the  provisions  of subdivision one of this section in the
    17  same manner as is required thereunder with respect  to  an  order  of  a
    18  court.
    19    [6.]  9.  A  respondent  in  whose  favor a delinquency proceeding was
    20  terminated prior to the effective date of this section may  upon  motion
    21  apply  to  the  court,  upon  not  less  than  twenty days notice to the
    22  presentment agency, for an order granting him the relief  set  forth  in
    23  subdivision  one, and such order shall be granted unless the presentment
    24  agency demonstrates to the satisfaction of the court that the  interests
    25  of  justice require otherwise. A respondent in whose favor a delinquency
    26  action or proceeding was terminated as defined by subdivisions four  and
    27  five,  prior  to  the  effective  date of this section, may apply to the
    28  appropriate presentment agency or probation service for a  certification
    29  as  described  in  such  subdivisions  granting him the relief set forth
    30  therein and such certification shall  be  granted  by  such  presentment
    31  agency or probation service.
    32    10.  The chief administrative judge of the state of New York shall, in
    33  accordance with this section, automatically expunge the juvenile  record
    34  of  a  respondent in whose favor a delinquency proceeding was terminated
    35  prior to the effective date of this subdivision, and the office of court
    36  administration shall immediately notify the state division  of  criminal
    37  justice  services, directing that such agency notify all relevant police
    38  and law enforcement agencies  of  their  duty  to  destroy  all  records
    39  related to such case.
    40    § 4. Section 375.2 of the family court act, as added by chapter 920 of
    41  the  laws of 1982, subdivision 6 as amended by section 77 of part WWW of
    42  chapter 59 of the laws of 2017, and subdivision 7 as  added  by  chapter
    43  813 of the laws of 2021, is amended to read as follows:
    44    §  375.2.  Motion  to [seal] expunge and automatic expungement after a
    45  finding. 1. If an action has resulted in a finding of delinquency pursu-
    46  ant to subdivision one of section 352.1 of this article, [other  than  a
    47  finding  that  the  respondent  committed  a designated felony act,] the
    48  court may, in the interest of justice and upon motion of the respondent,
    49  order the [sealing]  expungement  of  appropriate  records  pursuant  to
    50  subdivision one of section 375.1 of this part.
    51    2.  Such motion must be in writing and may be filed at any time subse-
    52  quent to the [entering of such finding] conclusion of the period of  any
    53  disposition, including, but not limited to, the expiration of the period
    54  of  placement,  conditional  discharge,  order  of  protection, order of
    55  restitution, order of probation or any extension thereof. Notice of such
    56  motion shall be served upon the presentment agency not less  than  eight
        A. 6289--A                          7

     1  days  prior to the return date of the motion. Answering affidavits shall
     2  be served at least two days before such time.  The court shall  rule  on
     3  the expungement after considering the following:
     4    (a) the best interests of the person;
     5    (b)  the  age  of the person during his or her contact with the family
     6  court or law enforcement agency;
     7    (c) the nature of the offense;
     8    (d) the disposition of the case;
     9    (e) the manner in which the person participated in any  court  ordered
    10  rehabilitative programming or supervised services;
    11    (f) the time during which the person has been without contact with the
    12  juvenile court;
    13    (g) whether the person has any subsequent criminal convictions; and
    14    (h)  the  adverse  consequences  the person will suffer as a result of
    15  retention of his or her record.
    16    3. The court shall state on the record its  reasons  for  granting  or
    17  denying the motion.
    18    4.  [If  such  motion is denied, it may not be renewed for a period of
    19  one year, unless the order of denial permits renewal at an earlier time.
    20    5.] The court shall not order the [sealing] expungement of any  record
    21  except as prescribed by this section or section 375.1 of this part.
    22    [6.  Such  a  motion  cannot be filed until the respondent's sixteenth
    23  birthday, or, commencing  October  first,  two  thousand  eighteen,  the
    24  respondent's  seventeenth  birthday,  or  commencing  October first, two
    25  thousand nineteen, the respondent's eighteenth birthday.
    26    7.] 5. Where an order of fact-finding  has  been  issued  pursuant  to
    27  subdivision  one of section 345.1 of this article that includes solely a
    28  violation as defined in subdivision three of section 10.00 of the  penal
    29  law committed by a juvenile sixteen years of age or, commencing on Octo-
    30  ber  first,  two  thousand nineteen, seventeen years of age, the records
    31  shall be [sealed] expunged automatically at the expiration, as  applica-
    32  ble,  of  a  successful  period of an adjustment, adjournment in contem-
    33  plation of dismissal or conditional discharge.
    34    6. If an action has resulted in a finding of delinquency  pursuant  to
    35  subdivision  one  of  section 352.1 of this article, all records of such
    36  action  or  proceeding  not  already  expunged  shall  be  automatically
    37  expunged  by  the  court upon the attainment of the respondent's twenty-
    38  first birthday.
    39    7. If expungement is obtained automatically or by motion, the clerk of
    40  the court shall notify the commissioner  of  the  division  of  criminal
    41  justice  services  and  the  heads  of  all  police  departments and law
    42  enforcement agencies having copies of such juvenile records,  who  shall
    43  destroy such records without unnecessary delay. Each agency shall affirm
    44  in  an affidavit of expungement to the court that it destroyed all paper
    45  and electronic copies of the expunged records.  The division of criminal
    46  justice services shall notify the agency or agencies which forwarded any
    47  juvenile records of their obligation to destroy those records  in  their
    48  possession.
    49    8.  An  agreement  by the respondent to prevent expungement under this
    50  section may not be a condition for the respondent to enter an  admission
    51  to a reduced charge pursuant to section 321.3 of this article.
    52    § 5. Section 381.2 of the family court act, as added by chapter 920 of
    53  the laws of 1982, subdivision 2 as amended by chapter 926 of the laws of
    54  1982, is amended to read as follows:
    55    §  381.2.  Use  of records in other courts. 1. Neither the fact that a
    56  person was before the family court under this article for a hearing  nor
        A. 6289--A                          8

     1  any  confession,  admission or statement made by him or her to the court
     2  or to any officer thereof in any stage of the proceeding  is  admissible
     3  as  evidence  against  him  or her or his or her interests, in any other
     4  court.
     5    2.  Notwithstanding the provisions of subdivision one of this section,
     6  another court, in imposing sentence upon an adult after  conviction  may
     7  receive and consider the records and information on file with the family
     8  court,  unless  such records and information have been [sealed] expunged
     9  pursuant to section 375.1 or section 375.2 of this article.
    10    § 6. Section 381.3 of the family court act, as added by chapter 920 of
    11  the laws of 1982, paragraph (b) of subdivision 2 as amended  by  chapter
    12  926 of the laws of 1982, is amended to read as follows:
    13    §  381.3. Use of [police] law enforcement records. 1. All [police] law
    14  enforcement records relating to the arrest, detention, apprehension, and
    15  disposition of any person under this article  shall  be  kept  in  files
    16  separate and apart from the arrests of adults and shall be withheld from
    17  public inspection.
    18    2.  All  law  enforcement  records  relating to the arrest, detention,
    19  apprehension, and disposition of any juveniles shall be destroyed forth-
    20  with upon the occurrence of one of the following:
    21    (a) After the arrest of such person,  the  arresting  law  enforcement
    22  agency, prior to the filing of an accusatory instrument in court, elects
    23  not to proceed further;
    24    (b)  Prior  to the filing of a petition, the presentment agency elects
    25  not to commence a delinquency action;
    26    (c) Prior to the filing of a petition, the  probation  department  has
    27  adjusted the case or terminated the case without adjustment;
    28    (d)  Termination  of  the  delinquency action in favor of a respondent
    29  pursuant to section 375.1 of this article; or
    30    (e) Following a finding of  delinquency,  sealing  or  expungement  is
    31  ordered pursuant to section 375.1 or 375.2 of this article.
    32    3.  Law  enforcement  or  other  public  officials  may  not access or
    33  disclose confidential juvenile records without a court  order  following
    34  notice  and  a  hearing pursuant to subdivision four of section 306.1 of
    35  this article.
    36    4. Notwithstanding the provisions of subdivision [one] three  of  this
    37  section,  the family court in the county in which the petition was adju-
    38  dicated may, upon motion and for good cause shown,  order  such  records
    39  open:
    40    (a)  to  the respondent or his or her parent or person responsible for
    41  his or her care; or
    42    (b) if the respondent is subsequently convicted of a crime, to a judge
    43  of the court in which he was convicted,  unless  such  record  has  been
    44  [sealed]  expunged  pursuant  to  section 375.1 or section 375.2 of this
    45  article.
    46    [3.] 5. An order issued under subdivision [two] four of  this  section
    47  must be in writing.
    48    6.  For  the  purposes  of  this  section, "records" shall include law
    49  enforcement files, reports, exhibits or other  material  which  contains
    50  information relating to contact with any law enforcement agency and also
    51  includes  electronic  information  recorded  and stored stemming from an
    52  arrest or subsequent interrogations and interviews, and shall also apply
    53  to any information that is kept manually, through the use of  electronic
    54  data  processing equipment, through electronic recording or by any other
    55  means by a law enforcement agency of the state of New York.
        A. 6289--A                          9

     1    7. Violation of this section shall create a cause of action for  civil
     2  damages up to one thousand dollars.
     3    §  7.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.