Opinion
15772 Dkt. No. D–30638/19 Case No. 2021-01953
04-21-2022
Janet E. Sabel, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant. Sylvia O. Hinds–Radix, Corporation Counsel, New York (Kevin Osowski of counsel), for presentment agency.
Janet E. Sabel, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant.
Sylvia O. Hinds–Radix, Corporation Counsel, New York (Kevin Osowski of counsel), for presentment agency.
Manzanet–Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.
Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about May 5, 2021, which denied appellant's motion to vacate his prior adjudication as a juvenile delinquent and to seal the records of that adjudication, unanimously affirmed, without costs.
The court providently exercised its discretion in its determination that appellant failed to establish a substantial change of circumstances sufficient to warrant vacatur of his juvenile delinquency adjudication pursuant to Family Court Act § 355.1(1)(b). Although appellant complied with the terms of his conditional discharge, his compliance alone was insufficient to establish a change of circumstances, particularly because both the offense and completion of the requirements of supervision were relatively recent. Given the seriousness of the underlying sexual offense, and the need for protection of the community, the interest of justice would not be served either by vacating the adjudication or by sealing appellant's records (see Matter of Giovanni G., 152 A.D.3d 419, 58 N.Y.S.3d 355 [1st Dept. 2017] ; Matter of Rosa R., 68 A.D.3d 407, 407, 889 N.Y.S.2d 570 [1st Dept. 2009] ). His interests are "adequately protected by the automatic confidentiality of Family Court records and the fact that juvenile delinquency adjudications do not entail civil disabilities ... Sealing these records could potentially impede their use by law enforcement agencies for legitimate purposes in the event appellant engaged in further criminal activity" ( id. at 407–408, 889 N.Y.S.2d 570 ). Finally, appellant has not substantiated his claim that this adjudication might have adverse consequences for him in the future (Giovanni G., 152 A.D.3d at 420, 58 N.Y.S.3d 355 ).