When an application for a Certificate of Relief from Disabilities or Certificate of Good Conduct is denied by the Sentencing Court, the applicant should always try to get an explanation in writing from the Court of the reasons for the denial. If the court relied on a report from probation, the applicant is entitled to see the report.
Frequently, the Court will say that the applicant failed to show sufficient evidence of rehabilitation. In most cases, rather than appealing this decision, the applicant should simply re-apply when she has further demonstrated rehabilitation by completing a program, obtaining more letters of recommendation, participating in volunteer or community activities, or finding a job.
In some cases, especially when further documentation that might sway the Court's decision is immediately available, there is reason to appeal the denial. The following are sample materials that attorneys have used in filing motions to renew and reargue a previous application for a Certificate of Relief from Disabilities.
Notice of Motion to Renew and Reargue Previous Application for Certificate of Relief from Disability (Monroe County Legal Assistance Center)
Motion to Renew and Reargue Previous Application for Certificate of Relief from Disabilities Pursuant to CPLR 2221 (Monroe County Legal Assistance Center)
Affadavit in Support of Re-Application for Certificate of Relief from Disabilities Where Applicant was Originally Denied Based on Outstanding Restitution Debt (Monroe County Legal Assistance Center)