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  revokable  sentence or (b) imposed a sentence other than one executed by commitment  to  an  institution  under  the  jurisdiction of the state department of  correctional services. 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.    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  revokable  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  correctional services. 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  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  exceptinginformation  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.