The Legal Aid Society and Milbank LLP have filed a lawsuit against the City of New York over the New York Police Department’s (NYPD) practice of illegally accessing, using, and disclosing sealed arrest-related records of youth ages 7 through 17.

The suit seeks to end this unlawful practice and enforce the statutory rights of thousands of New Yorkers, predominantly Black and Latinx youth.

New York State law requires that when a juvenile is arrested, and that arrest results in a favorable termination or a court-ordered sealing, the records relating to that arrest must be sealed and not be made available to any person or public or private agency. However, the NYPD routinely accesses these records in violation of the law and uses the information to decide whether to arrest or detain young people.

Additionally, the NYPD regularly discloses information from sealed arrest-related records outside of the Department, including to prosecutors and the media. In this way, the NYPD is marking, tracking, and perpetually punishing thousands of people who were arrested as children.

“The purpose of keeping juvenile records sealed is not only to prevent young people from facing undue prejudice from police and prosecutors, but also to ensure they have full and fair access to employment, educational, and housing opportunities in the future,” said Kate Wood, an attorney with Legal Aid’s Special Litigation and Law Reform Unit.

“The NYPD’s repeated illegal accessing of youth records — which are supposed to be sealed to both the public and law enforcement agencies — has resulted in thousands of young New Yorkers having their rights infringed upon. The NYPD must end this practice immediately and stop perpetually punishing young people.”

—

Stay connected with Legal Aid’s work on behalf of New York’s youth and more by signing up for our newsletter below.