In the Matter of Elvin M., a Person Alleged to be a Juvenile Delinquent, Appellant

In the Matter of Elvin M., a Person Alleged to be a Juvenile Delinquent, Appellant. [995 NYS2d 68] [MAJORITY] Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about November 21, 2013, which denied appellant’s application to seal the record of his prior adjudication as a juvenile delinquent, unanimously affirmed, without costs. The court properly exercised its discretion in denying appellant’s Family Court Act § 375.2 sealing application. Given the seriousness of the underlying crimes, and appellant’s participation in a gang assault while on probation, the interest of justice would not be served by sealing these records (see Matter of Rosa R., 68 AD3d 407 [1st Dept 2009]; Matter of Carlton B., 268 AD2d 368 [1st Dept 2000]). Appellant’s interests are adequately protected by the automatic general confidentiality of Family Court proceedings (see Family Ct Act §§ 166; 380.1), and the additional remedy of sealing these records could potentially impede their use by law enforcement agencies for legitimate purposes in the event appellant engages in further criminal activity. Concur — Tom, J.E, Sweeny, Andrias, Moskowitz and Gische, JJ.