N.Y. Correction Law § 702: Certificates of relief from disabilities issued by courts

§ 702. Certificates of relief from disabilities issued by courts. 1.

Any court of this state may, in its discretion, issue a certificate of

relief from disabilities to an eligible offender for a conviction that

occurred in such court, if the court either (a) imposed a revocable

sentence or (b) imposed a sentence other than one executed by commitment

to an institution under the jurisdiction of the state department of

corrections and community supervision. Such certificate may be issued

(i) at the time sentence is pronounced, in which case it may grant

relief from forfeitures, as well as from disabilities, or (ii) at any

time thereafter, in which case it shall apply only to disabilities.

Where such court either imposes a revocable sentence or imposes a

sentence other than one executed by commitment to an institution under

the jurisdiction of the state department of corrections and community

supervision, the court, upon application and in accordance with

subdivision two of this section, shall initially determine the fitness

of an eligible offender for such certificate prior to or at the time

sentence is pronounced.

2. Such certificate shall be issued by the court when the court is

satisfied that:

(a) The person to whom it is to be granted is an eligible offender, as

defined in section seven hundred of this article;

(b) The relief to be granted by the certificate is consistent with the

rehabilitation of the eligible offender; and

(c) The relief to be granted by the certificate is consistent with the

public interest.

3. Where a certificate of relief from disabilities is not issued at

the time sentence is pronounced it shall only be issued thereafter upon

verified application to the court. The court may, for the purpose of

determining whether such certificate shall be issued, request its

probation service to conduct an investigation of the applicant, or if

the court has no probation service it may request the probation service

of the county court for the county in which the court is located to

conduct such investigation. Any probation officer requested to make an

investigation pursuant to this section shall prepare and submit to the

court a written report in accordance with such request.

4. Where the court has imposed a revocable sentence and the

certificate of relief from disabilities is issued prior to the

expiration or termination of the time which the court may revoke such

sentence, the certificate shall be deemed to be a temporary certificate

until such time as the court's authority to revoke the sentence has

expired or is terminated. While temporary, such certificate (a) may be

revoked by the court for violation of the conditions of the sentence,

and (b) shall be revoked by the court if it revokes the sentence and

commits the person to an institution under the jurisdiction of the state

department of corrections and community supervision. Any such revocation

shall be upon notice and after an opportunity to be heard. If the

certificate is not so revoked, it shall become a permanent certificate

upon expiration or termination of the court's authority to revoke the

sentence.

5. Any court that has issued a certificate of relief from disabilities

may at any time issue a new certificate to enlarge the relief previously

granted, provided, however, that the provisions of subdivisions one

through four of this section shall apply to the issuance of any such new

certificate.

6. Any written report submitted to the court pursuant to this section

is confidential and may not be made available to any person or public or

private agency except where specifically required or permitted by

statute or upon specific authorization of the court. However, upon the

court's receipt of such report, the court shall provide a copy of such

report, or direct that such report be provided to the applicant's

attorney, or the applicant himself, if he or she has no attorney. In its

discretion, the court may except from disclosure a part or parts of the

report which are not relevant to the granting of a certificate, or

sources of information which have been obtained on a promise of

confidentiality, or any other portion thereof, disclosure of which would

not be in the interest of justice. The action of the court excepting

information from disclosure shall be subject to appellate review. The

court, in its discretion, may hold a conference in open court or in

chambers to afford an applicant an opportunity to controvert or to

comment upon any portions of the report. The court may also conduct a

summary hearing at the conference on any matter relevant to the granting

of the application and may take testimony under oath.