The following papers were read on these motions: Respondent’s Notice of Motion to Seal with Supporting Papers 1 Presentment Agency’s Opposition to Motion to Seal the Record 2 Respondent’s Affirmation in Reply 3 DECISION AND ORDER The respondent in these juvenile delinquency proceedings has moved pursuant to Family Court Act §375.2 for an order sealing certain official records and papers relating to the finding of delinquency made against him in 2016. The presentment agency has filed opposition to the respondent’s Motion to Seal, and the respondent has filed reply papers. The respondent’s Motion to Seal is determined as follows: On April 22, 2015 the respondent, M.D. (D.O.B. 0//00/01) (“respondent”) was found after trial [Family Court, Westchester County, Scattaretico-Naber, AJFC] to have committed acts which, if committed by an adult would constitute the crime of Sexual Abuse in the Third Degree [Penal Law §130.55], a Class B Misdemeanor. The findings against the respondent arose from incidents occurring on two separate dates, on or about October 6, 2014 and on or about October 8, 2014, when the respondent was thirteen years old. The matter was then transferred to this Court for a dispositional hearing due to the respondent being domiciled in N.C. This Court conducted extensive and comprehensive dispositional proceedings involving multiple hearing dates. On January 11, 2016, the Court issued an Order of Disposition which adjudicated the respondent to be a juvenile delinquent and placed him on probation under the supervision of the Probation Department of the County of Nassau for a period of 20 months. (Order of Disposition dated January 11, 2016, p. 2). The associated conditions of probation included the requirement that, inter alia, the respondent was to immediately be enrolled in one-on-one weekly counseling with a New York State licensed social worker to discuss decision-making, anger management and sexually-related outbursts. (Order and Conditions of Supervision, dated January 11, 2016, 16). The respondent’s Motion to Seal consists of an Affirmation of counsel with supporting exhibits. The respondent’s counsel argues that the juvenile delinquency records in these matters should be sealed “in the interest of justice”. (Affirmation of Rachel Rayzak, Esq., dated July 24, 2019, ["Aff. in Support"], 34). Counsel asserts that the factors supporting the sealing of the respondent’s records include, inter alia, that an unsealed record can prejudice the respondent’s rehabilitative efforts; that the nature of the respondent’s offenses do not warrant the denial of a motion to seal and that the respondent successfully completed his probation term and has had no further involvement in the juvenile or criminal justice systems. (Aff. in Support,
40-48). Counsel cites to the respondent’s history of mental and physical health issues, including his being hospitalized in June 2018 for a “downturn in his mental health”. (Aff. in Support,
