Review and Expunction of Central Registries and Reporting Records - New York

Date:

Right of the Reported Person to Review and Challenge Records

Citation: Soc. Serv. Law § 422(5), (7)-(8)

Notwithstanding any other provision of law, the Office of Children and Family Services may, at its discretion, grant a request to expunge an unfounded report when:

  • The source of the report was convicted of knowingly making a false allegation about that report.
  • The subject of the report presents clear and convincing evidence that affirmatively refutes the allegation of abuse or maltreatment.

The absence of credible evidence supporting the allegation of abuse or maltreatment shall not be the sole basis to expunge the report. Nothing in this paragraph shall require the Office of Children and Family Services to hold an administrative hearing to decide whether to expunge a report. That office shall make its determination upon reviewing the written evidence submitted by the subject of the report and any records or information obtained from the State or local agency that investigated the allegations of abuse or maltreatment.

At any time, a subject of a report and other persons named in the report may receive, upon request, a copy of all information contained in the central register.

At any time subsequent to the completion of the investigation, but in no event later than 90 days after the subject of the report is notified that the report is indicated, the subject may request the commissioner to amend the record of the report. If the commissioner does not amend the report within 90 days, the subject shall have the right to a fair hearing to determine whether the record of the report in the central register should be amended on the grounds that it is inaccurate or is being maintained in a manner inconsistent with the law.

When Records Must Be Expunged

Citation: Soc. Serv. Law § 422(5-a), (6)

Upon notification from a local social services district that a report is part of the family assessment and services track, the central register shall forthwith identify the report as an assessment track case and legally seal such report.

In all other cases, the record of the report to the central register shall be expunged 10 years after the 18th birthday of the youngest child named in the report. In the case of a child in residential care, the record of the report to the central register shall be expunged 10 years after the reported child's 18th birthday.