§ 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 revocable
sentence or (b) imposed a sentence other than one executed by commitment
to an institution under the jurisdiction of the state department of
corrections and community supervision. 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.
Where such court either imposes a revocable sentence or imposes a
sentence other than one executed by commitment to an institution under
the jurisdiction of the state department of corrections and community
supervision, the court, upon application and in accordance with
subdivision two of this section, shall initially determine the fitness
of an eligible offender for such certificate prior to or at the time
sentence is pronounced.

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 revocable 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 corrections and community supervision. 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 or she 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 excepting
information 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.