N.Y. Comp. Codes R. & Regs. tit. 22 § 200.9

Current through Register Vol. 46, No. 36, September 4, 2024

Section 200.9 - Certificate of relief from disabilities; notification of eligibility

(a) In all criminal causes, whenever a pre-sentence probation report is submitted to the court, such report shall contain information bearing upon the eligibility of the defendant to obtain a certificate of relief from forfeitures and disabilities under article 23 of the Correction Law and shall further contain a recommendation as to the appropriateness of granting such discretionary relief at the time sentence is pronounced. Whenever a defendant has been sentenced to a period of probation, and has not received such discretionary relief, and if such defendant is apparently eligible for consideration of such discretionary relief, the probation officer supervising such defendant, prior to the termination of the probation period, shall inform the defendant, of his right to make application to the court for a certificate of relief from disabilities, and shall provide such defendant with the required forms in order to enable him or her to make application to the court if he or she should wish to do so.

(b) In all criminal causes, whenever a defendant who is eligible to receive a certificate of relief from disabilities under article 23 of the Correction Law is sentenced, the court, in pronouncing sentence, unless it grants such certificate at that time, shall advise the defendant of his or her eligibility to make application at a later time for such relief.

(c) Failure to comply with the requirements of subdivision (a) or (b) of this section shall not affect the validity of any sentence.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 200.9