Opinion
October 5, 1987
Appeal from the Supreme Court, Kings County (I. Aronin, J.).
Ordered that the judgment is affirmed, with costs.
The court correctly directed the New York City Department of Probation to redact from its investigation report all references to those cases which have been terminated in petitioner's favor and thus sealed under Family Court Act § 375.1 (1), as that section specifically mandates that all such sealed records "not [be] made available to any person or public or private agency". The intent of the sealing provision, "which is to protect the rights of the individual from the adverse consequences of allegations that do not result in a conviction" (Matter of David H., 124 Misc.2d 190, 192) would be vitiated if the Department of Probation were permitted to refer to its official records pertaining to such prior sealed cases in a subsequent investigation and report. Thompson, J.P., Bracken, Niehoff and Harwood, JJ., concur.