{"jurisdiction": "us-ny", "code": "cpl", "section": "725.20", "citation": "CPL § 725.20", "heading": "Record of certain actions removed", "text": ["§ 725.20 Record of certain actions removed.", "1. The provisions of this section shall apply in any case where an order of removal to the family court is entered pursuant to a direction authorized by article 722 of this title, or subparagraph (iii) of paragraph (g) of subdivision five of section 220.10 of this chapter, or section 330.25 of this chapter.", "2. When such an action is removed the court that directed the removal must cause the following additional records to be filed with the clerk of the county court or in the city of New York with the clerk of the supreme court of the county wherein the action was pending and with the division of criminal justice services:", "(a) A certified copy of the order of removal;", "(b) Where the direction is one authorized by subparagraph (iii) of paragraph (g) of subdivision five of section 220.10 or section 330.25 of this chapter, a copy of the minutes of the plea of guilty, including the minutes of the memorandum submitted by the district attorney and the court; and", "(c) In addition to the records specified in this subdivision, such further statement or submission of additional information pertaining to the proceeding in criminal court in accordance with standards established by the commissioner of the division of criminal justice services, subject to the provisions of subdivision three of this section.", "3. It shall be the duty of said clerk to maintain a separate file for copies of orders and minutes filed pursuant to this section. Upon receipt of such orders and minutes the clerk must promptly delete such portions as would identify the defendant, but the clerk shall nevertheless maintain a separate confidential system to enable correlation of the documents so filed with identification of the defendant. After making such deletions the orders and minutes shall be placed within the file and must be available for public inspection. Information permitting correlation of any such record with the identity of any defendant shall not be divulged to any person except upon order of a justice of the supreme court based upon a finding that the public interest or the interests of justice warrant disclosure in a particular cause for a particular case or for a particular purpose or use."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/725.20", "from_official_api": true, "plain_english": "1. Applies where removal is entered under **Article 722**, or **§ 220.10(5)(g)(iii)**, or **§ 330.25**. ★\n2. The court that directed removal must file additional records with the **clerk of the county court** (in NYC, the **clerk of the supreme court**) of the county where the action was pending, **and** with the **Division of Criminal Justice Services**:\n   - **(a)** a **certified copy of the order of removal**;\n   - **(b)** for § 220.10(5)(g)(iii) or § 330.25 directions → a **copy of the minutes of the guilty plea** (including the DA's and court's memorandum minutes); and\n   - **(c)** any further statement/submission per DCJS standards, subject to subd. 3.\n3. **★ Clerk duties.** The clerk must maintain a **separate file** for these orders/minutes. On receipt, the clerk must **promptly delete portions that would identify the defendant**, but must keep a **separate confidential system** to correlate the filed documents with the defendant's identity. After deletion, the (redacted) orders/minutes go in the file and are **available for public inspection**. ★ Identity-correlating information may **not** be divulged **except upon order of a Supreme Court justice** finding the public interest or interests of justice warrant disclosure for a particular case/purpose. ★\n\n---\n\n**★ Exam hits:**\n- **Six trigger sections** send a case here: §§ 180.75, 190.71, 210.43, 220.10, 310.85, 330.25.\n- **Order of removal → 9 required parts**; must be **signed by a judge/justice** and name the **authorizing section**.\n- **The 10-day rule:** removal order sets an appearance date **within 10 days**; if the defendant is **detained/in sheriff's custody**, it's **no later than the next Family Court session day**.\n- Transferred \"pleadings and proceedings\" **include minutes** of hearings, grand jury proceedings, and pleas.\n- Filing the order **terminates the criminal action** and **originates a Family Court Act Article 3 proceeding**; post-removal, all orders except the removal order are **deemed the Family Court's**.\n- Records up to and including the removal order are **confidential/sealed** by default (available to DMH/OPWDD, case review panel, AG under MHL § 10.05).\n- **§ 725.20 clerk duty:** file separately, **redact the defendant's identity**, keep a **confidential correlation system**; identity disclosed only by **Supreme Court justice** order.\n\n\n---\n*Verbatim statute:* [[CPL - Article 725]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/725.20", "publisher": "Elyphived LLC"}