IN RE: L.S. (2026)

Order, Family Court, New York County (Jonathan H. Shim, J.), entered on or about January 21, 2025, which denied appellant's motion to vacate her prior adjudication as a juvenile delinquent and to seal and expunge the records of that adjudication, unanimously affirmed, without costs.

Family Court providently exercised its discretion in denying the motion, determining that appellant failed to establish a substantial change of circumstances sufficient to warrant vacatur of her juvenile delinquency adjudication under Family Court Act § 355.1(1)(b). In support of her motion, appellant's only submission was a one-paragraph letter stating that she and her family had completed family therapy. This submission alone, however, did not constitute a sufficient basis to vacate the adjudication on the basis of a substantial change of circumstances (see Matter of Dazaeth S.-M., 204 A.D.3d 552, 553, 165 N.Y.S.3d 279 [1st Dept 2022]). In any event, even had appellant submitted further documentation supporting her motion, there would have been a sufficient basis to deny the motion because, as the court aptly observed, appellant's attack on the victim was “particularly violent” and justice would not be served by vacating the adjudication.

Family Court also providently declined to expunge appellant's records held by the police agency, probation services, and the presentment agency. Although Family Court has the “inherent power to order the expungement of court records” (Family Ct Act § 375.3), that power applies to its own records; it “does not extend to the records of executive agencies not normally subject to its direction, particularly those of the police” (Matter of Dorothy D., 49 N.Y.2d 212, 215, 424 N.Y.S.2d 890, 400 N.E.2d 1342 [1980]; see also Matter of Eric C. v. New York State Police, 72 A.D.3d 1535, 1535, 898 N.Y.S.2d 904 [4th Dept 2010]).