Opinion
November 18, 1985
Appeal from the Family Court, Queens County (Torres, J.).
Order modified, on the law, by adding thereto a provision that appellant's motion is granted to the extent of directing the expunction of records pursuant to Family Court Act §§ 354.1, 375.3, and is denied in all other respects. As so modified, order affirmed, without costs or disbursements, and matter remitted to the Family Court, Queens County, to supervise the expunction of records.
The juvenile delinquency proceeding against appellant was dismissed, after a fact-finding hearing, on the ground that the allegations of the petition were not established. Following the dismissal, appellant moved for an order expunging certain records related to the proceeding and declaring his arrest a nullity. The Family Court denied appellant's motion, reasoning that the failure to prove guilt beyond a reasonable doubt was not tantamount to a finding that appellant was a "blameless child" entitled to expunction of all records related to his case.
The dismissal of the juvenile delinquency petition herein on the ground that the allegations on which it was based were not established is a finding which is consistent with innocence (see, Matter of Dorothy D., 49 N.Y.2d 212). Furthermore, there has been no showing of any benefit to society which would result from the maintenance of the records in issue (see, Matter of Todd H., 49 N.Y.2d 1022; Matter of Richard S. v City of New York, 32 N.Y.2d 592, 595). In fact, neither the Corporation Counsel nor the Probation Department opposed appellant's motion. Under these circumstances, the appellant's motion should have been granted to the extent indicated herein. Mollen, P.J., Thompson, Brown and Lawrence, JJ., concur.