Legal Question in Criminal Law in New York

I applied for a "certificate of relief from disabilities" for a case that dates back to 1999. I plead guilty and was given 1 year probation and I had to pay a fine, which I did. The day I applied for the certificate I was told to go down to the probation office so that an investigation could be conducted, then I was told to come back to the court in a month, April 12th. When I went to the courtroom, I was told by a court officer that my application had been denied because I am currently on probation for another case. That is absolutely not true. I called the probation department of nyc and the person I spoke with told me that I am not on probation and that the probation officer that had done my investigation recommended to the judge that the certificate be issued. Giving me that information was as much help as I am going to get from the probation department. My application was denied by a judge using false information. I think that someone else's paperwork is mixed up with mine. What do I do?


Asked on 4/16/10, 1:07 pm

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

First, you will need to get an attorney. You have probably gone as far as you will be able to go without substantial help. You will need to get a copy of your current rap sheet from the New York State Department of Criminal Justice Services and you will need to reapply or you may have to file a motion to re-argue. An attorney may be able to get a copy of the recommendations from the probation department and might be able to have the matter placed on the court calendar for conference or hearing.

If I can be of any further assistance, you can contact me at 516-746-4747 or [email protected].

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Answered on 4/21/10, 1:45 pm
peter bark bark & karpf

You probably have to bring an Article 78 proceeding in the Supreme Court in the jurisdiction where the criminal court is located.

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Answered on 4/21/10, 8:23 pm


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