On July 20, 2009, the Presentment Agency filed a petition pursuant to Article 3 of the Family Court Act, against then 13-year-old M.S.("Respondent"), alleging that Respondent committed acts which if committed by an adult would constitute, inter alia, the crime of Arson in the Third Degree, a Class C Felony, as defined by Penal Law § 150.10(1).

On September 23, 2009, Respondent appeared with counsel and knowingly, voluntarily and intelligently waived his right to a fact-finding hearing and to remain silent and entered an admission to Count Ten (10) of the petition, Criminal Mischief in the Fourth Degree, a Class A Misdemeanor, as defined by Penal Law § 145.00 (3), in full satisfaction of the docket. On January 10, 2010, Respondent was adjudicated a juvenile delinquent [*2]and was placed on probation for one year after a finding by the Court that Respondent required treatment and supervision. Respondent successfully completed his probation on January 29, 2011.

By Notice of Motion filed September 17, 2012, Respondent now moves this Court for an Order sealing his records and destroying his fingerprints. See, Family Court Act § § 354.1(2) and 375.2. To date the Presentment Agency has not filed any response papers.

The Family Court was designed to give young people, like Respondent, a second chance and not let their youthful acts influence or impact their adult lives. As such, Family Court Act § 354.1(2) sets forth that so long as a respondent was not adjudicated a juvenile delinquent on a felony, his or her palm prints, fingerprints and photographs must be destroyed and the Court has the discretion to seal the records in the interest of justice. See, Family Court Act § 375. 2. Here, Respondent, now sixteen years old, was adjudicated a juvenile delinquent on a misdemeanor, successfully completed his probation, has done well in school, and seems to be on the road to becoming a productive member of society.

Accordingly, in the interest of justice Respondent's motion to seal his records and destroy his fingerprints is granted.

Now, therefore, it is hereby

ORDERED, that Respondent's motion is granted; and its further

ORDERED, that Respondent's fingerprints and photographs shall be destroyed; and its further

ORDERED, that all record pertaining to Respondent's arrest, admission and disposition shall be sealed; and its further

ORDERED, that pursuant to Family Court Act § 354.1(2) the Clerk of the Family Court shall notify the commissioner of the division of criminal justice services, the heads of all police departments, law enforcement agencies, and the department of probation, having copies of such records, who shall destroy such records without necessary delay.

This constitutes the Decision and Order of this Court.

Dated: November 19, 2012

Yonkers, New YorkENTER

______________________ [*3]

Hon. Janet C. Malone, JFC