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IN RE: ROSA R., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about August 26, 2008, which denied appellant's application to seal the record of her prior adjudication as a juvenile delinquent, unanimously affirmed, without costs. Appeal from order of disposition, same court (Alma Cordova, J.) entered on or about October 24, 2006, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she had committed an act which, if committed by an adult, would constitute the crime of assault, and imposed a conditional discharge, unanimously dismissed, without costs, as abandoned.
The court properly exercised its discretion in denying appellant's application made pursuant to Family Court Act § 375.2 to seal the records of her juvenile delinquency adjudication. Given the serious nature of the underlying assault, the interest of justice would not be served by sealing these records (see Matter of Carlton B., 268 A.D.2d 368, 702 N.Y.S.2d 270 [2000] ). Appellant's interests are adequately protected by the general confidentiality of Family Court records and the fact that juvenile delinquency adjudications do not entail civil disabilities (see Family Ct. Act § 380.1). Sealing these records could potentially impede their use by law enforcement agencies for legitimate purposes in the event appellant engaged in further criminal activity.
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Decided: December 01, 2009
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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