The procedure to apply for a Certificate of Relief from Disabilities varies depending on where you were sentenced and the type of sentence you received.
Misdemeanor Conviction or Felony Conviction w/o State Prison Sentence
An individual who was convicted and sentenced to a misdemeanor or a felony in which he or she received no state prison must apply in the criminal or supreme court in which you were sentenced in. The sentencing court can issue a Certificate of Relief From Disabilities anytime after sentencing. Each criminal and supreme court have their own rules and procedures to apply for a Certificate of Relief From Disabilities. The best practice is visit the criminal or supreme court clerks office and ask them for a checklist. Generally, the procedure is for you to meet with a probation officer who will evaluate the applicants rehabilitation.
Felony Conviction w/State Prison Sentence
If you were convicted of a felony and served a prison sentence in a state prison then you must apply directly to the New York State Board of Parole for a Certificate of Relief from Disabilities.
If you were convicted of a felony and served a prison sentence in a state prison and you are currently on parole, you should request a Certificate of Relief from Disabilities from your parole officer.
Federal Conviction or a Non-NY Misdemeanor of Felony Conviction
If you were convicted of a federal conviction of a non-NY misdemeanor or felony conviction you must apply to the New York State Board of Parole to get a Certificate of Relief for that conviction.
The mailing address for is:
Certificate Review Unit
New York State Division of Parole
845 Central Avenue
Albany, NY 12206
As in the Certificate of Good Conduct, the application form must be notarized and mailed directly to the Certificate Review Unit. If you have worked in the last three years, you will need to furnish proof that you have paid your income taxes. A local parole officer will be assigned to your case who will investigate your character and if you have been rehabilitated. The findings will be sent to the parole board. The parole board will ultimately make a decision and issue a written decision which you revived by mail.
If you need assistance in obtaining a Certificate of Relief from Disabilities call us at (347) 292-8630.
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