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Application For Certificate Of Relief From Disabilities Or Certificate Of Good Conduct - New York

Application For Certificate Of Relief From Disabilities Or Certificate Of Good Conduct Form. This is a New York form and can be used in General Statewide .
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Department of Corrections and Community Supervision Certificate of Relief from Disabilities - Certificate of Good Conduct Application and Instructions This is your application for a Certificate of Relief from Disabilities or for a Certificate of Good Conduct. Please review this information carefully. Then, complete the application as best you can. If you leave out information, it could take longer for the Department of Corrections and Community Supervision (DOCCS) to make a decision about your application. 1) How do I know if I am eligible - Who can apply? The information below can help you understand if you are eligible. For more information, you can read Article 23 (Sections 700-706) of the New York State Correction Law. I. Eligibility A. CERTIFICATE OF RELIEF FROM DISABILITIES: You are eligible for this certificate if you have been convicted of any number of misdemeanors and no more than one felony (two or more felony convictions in the same court on the same day are counted as one felony for deciding which certificate you are eligible for). The term "disability" refers to laws that disqualify people from holding certain jobs or other rights because of their conviction. B. CERTIFICATE OF GOOD CONDUCT: You are eligible for this certificate if you have been convicted of two or more separate felonies or if you are seeking a job that is specifically considered a "public office". You must show that you have completed/achieved a certain period of good conduct in the community. You must wait 5 years if the most serious felony on your criminal record is an A or B felony, 3 years if the most serious felony on your criminal record is a C, D or E felony, or 1 year if you only have misdemeanors on your criminal record. The waiting period starts when you were last released from incarceration (prison or jail) to community supervision, or were released from incarceration (prison or jail) by maximum expiration of your sentence, or at the time of your last criminal conviction (which ever of these events comes last). If you were convicted in another state or in federal court, the waiting period will be determined by what the level of the conviction would be considered in New York State. DOCCS will only consider applications for Certificates of Good Conduct for public office if the application lists a specific public office and includes information about laws that prevent the individual from holding the office they want the Certificate for. American LegalNet, Inc. www.FormsWorkFlow.com 2 2) Where do I apply? For Certificates of Relief From Disabilities, you should apply to the court that sentenced you unless: 1. y o u w e r e s e n t e n c e d to a New York State (DOCCS) correctional facility, or 2. y o u w e r e c o n v i c t e d in a federal court or a court in another state and you are now a resident of New York State. Certificates in these cases are issued by the New York State Department of Corrections and Community Supervision (DOCCS). For Certificates Of Good Conduct, you must apply to the Department of Corrections and Community Supervision. Once you have decided which certificate you are eligible for, you should apply to the appropriate agency/location. If you are applying to the DOCCS, fill out and mail the attached application to DOCCS at the address on page 5. If you are applying to the sentencing court, you can get contact information from a telephone directory or at www.nycourts.gov. Do not submit this application form to the sentencing court. Courts use a different application form. If you want information about restoring your firearms rights/privileges and were convicted of a felony in a Federal Court, you must seek/request relief from the United States Department of Justice, Office of the Pardon Attorney (www.justice.gov/pardon). 3) What do I need to provide to DOCCS to get my application considered? The Original Application Form ­ signed and notarized Copies of your Federal Income Tax Filings for the last two (2) years if you were required to file a tax return. Copies of your Statement and Wages (Tax Form W-2) for the last two (2) years if you earned wages. Copies of any miscellaneous income statements (Tax Form 1099) for the last two (2) years if you received one. I f you do not have copies of any of the documents listed above , you may contact the I R S at 1 -800 -829 -1040. They will provide you with a copy of your records. If you received public assistance, unemployment insurance, or Social Security benefits for any or all of this two year period, you must include a printout from the agency that provided you with these benefits/support, showing all the benefits that you received. If you had no reportable income for any or all of this two year period (including any other benefits not listed above), you must provide /submit a notarized document explaining how you supported yourself. American LegalNet, Inc. www.FormsWorkFlow.com 3 4) What can I expect after my application has been submitted to DOCCS for review? Once we receive your application, DOCCS will assign a field Parole Officer for an investigation. The Officer will review: 1. Employment history and how you have supported yourself. 2. Proof that you have paid income taxes for the last two years. 3. Proof that you have paid any fines or restitution set by the courts. After DOCCS has received all necessary documents and records from you, the field Parole Officer assigned to you will contact you to arrange an interview at your home/residence to answer any remaining questions and confirm your current circumstances and living situation. The New York State Department of Corrections and Community Supervision will then examine your application to decide whether to grant you a certificate. Under the law, DOCCS may choose to remove one, more than one, or all allowable disabilities (restrictions created by law because of your conviction history). Note that, under the law, individuals with certain conviction histories may be ineligible to have their firearm rights restored. 5) How long will the process take? This will vary depending on the complexity of your case. The process will involve a complete review of the information you provide. Processing times depend on how complete the information you provide to DOCCS is. The assigned Parole Officer will review and check all of the information you provide. The process will be completed more quickly if you provide complete and accurate information to the best of your ability and are a
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