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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son, experiencing depression & suicidal actions, took a

Customer Question

My son, experiencing depression & suicidal actions, took a car and drove it into a brick wall in a suicide attempt. he was convicted of a felony, placed on probation & physiciatric counseling. this occured in 12/99, in Weschester COunty, New York. He has fulfilled both those mandates.

question: can his felony be expunged from his record.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Customer

Sorry to have to say this, because under the circumstances it sounds terribly unjust, but New York State does not expunge convictions. The best your son would be able to do would be to apply for a Certificate of Relief from Civil Disabilities. Such a certificate would restore his civil rights which he lost when he pled guilty to a felony, with the exception of his right to bear arms.

Here is a booklet explaining the Certificate. A defendant on probation can ask his probation officer to recommend him for a Certificate and at the end of his term with probation, if he's been in good compliance, his probation officer would do the paperwork. Since he served his probation out of state, he may have to apply for this himself. He can find the forms he'll need here.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Customer: replied 4 years ago.

If I click on to the forms "here" and into resources, it is confusing as to which i should apply for.

also, does this certificate really bear any influence in hiring? or is it an act of futility?

Expert:  Zoey_ JD replied 4 years ago.
He could apply to the Division of Parole or directly to the sentencing judge, if the latter seemed particularly sympathetic to the facts of his case.

He might also want to give his probation officer a call and ask them about a Certificate before he applies, as a recommendation from probation, if he can get one, would grease the wheels. Again, however, the fact that he served his probation in Iowa might mean he'll have to apply independently.

Certificates, like pardons from the Governor in other states when crimes are not expungeable, are not given out lightly. Eligibility to apply for one does not mean an automatic granting of it, and most people who try are denied. The situation behind your son's conviction are very extenuating, and
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15952
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Expert:  Zoey_ JD replied 4 years ago.
Thank you for the accept, especially as it got sent off mid sentence prematurely. Here's the rest of what I'd intended to say.

Good luck with this!

The situation behind your son's conviction are very extenuating, and so he may have a better than average chance. Because they are very hard to get, I would not say that the certificate is worth nothing. It's some official proof that the state of New York recognizesyour son's rehabilitation, and would show at least that much to an employer.

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