2023 New York Laws › COR - Correction › Article 23 - Discretionary Relief From Forfeitures and Disabilities Automatically Imposed by 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 not be issued by the court unless 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;
(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.