Matter of Elvin M.

121 A.D.3d 624, 995 N.Y.S.2d 68

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 30, 2014
• Docket: 13373
• Status: Published

Opinion

Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about November 21, 2013, which denied appellant’s application to seal the record of his prior adjudication as a juvenile delinquent, unanimously affirmed, without costs.

The court properly exercised its discretion in denying appellant’s Family Court Act § 375.2 sealing application. Given the seriousness of the underlying crimes, and appellant’s participation in a gang assault while on probation, the interest of justice would not be served by sealing these records (see Matter of Rosa R., 68 AD3d 407 [1st Dept 2009]; Matter of Carlton B., 268 AD2d 368 [1st Dept 2000]). Appellant’s interests are adequately protected by the automatic general confidentiality of Family Court proceedings (see Family Ct Act §§ 166; 380.1), and the additional remedy of sealing these records could potentially impede their use by law enforcement agencies for legitimate purposes in the event appellant engages in further criminal activity.

Concur — Tom, J.E, Sweeny, Andrias, Moskowitz and Gische, JJ.