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Probation supervision is an alternative to incarceration in the criminal court system. Probation is a sentence for unacceptable behavior in the family court system. A period of probation supervision influences law abiding behavior while allowing the probationer to continue to reside and function in the community.
No, probation is a county function in New York State. The Division of Probation and Correctional Alternatives (OPCA) provides regulatory oversight and funding to local probation departments. Parole is a portion of New York State Department of Corrections and Community Supervision (DOCCS) and is served in the community following a term of incarceration in state prison.
Please follow these instructions: Report Probation Non-Compliance.
You may contact the New York State Office of Court Administration (OCA) for a name-based check by visiting this website: OCA-CHRS
You may also request your own personal record at: New York State Department of Justice or Federal Bureau of Investigations
There are also a multitude of private entities that will provide individual and third party background/criminal history checks.
You may qualify to have your criminal conviction sealed if the following statements apply to you:
1. I was convicted of a crime or crimes in no more than two criminal transactions in New York State or elsewhere, and no more than one of those criminal convictions includes a conviction for a felony offense. (You are telling the court that you have not been convicted in more than two criminal cases, and that no more than one of those cases was a conviction for a felony charge).
2. I do not have any open or pending criminal charges against me.
3. I am not applying to seal any of the following offenses (check your Certificate of Disposition to verify that it does not include any of the following charges):
a. Sex offense defined in article one hundred thirty of the Penal Law (PL 130.20 Sexual Misconduct; PL 130.25 Rape 3°; PL 130.30 Rape 2°; PL 130.35 Rape 1°; PL 130.40 Criminal Sexual Act 3°; PL 130.45 Criminal Sexual Act 2°; PL 130.50 Criminal Sexual Act 1°; PL 130.52 Forcible Touching; PL 130.53 Persistent Sexual Abuse; PL 130.55 Sexual Abuse 3°; PL 130.60 Sexual Abuse 2°; PL 130.65 Sexual Abuse 1°; PL 130.65-a Aggravated Sexual Abuse 4°; PL 130.66 Aggravated Sexual Abuse 3°; PL 130.67 Aggravated Sexual Abuse 2°; PL 130.70 Aggravated Sexual Abuse 1°; PL 130.75 Course of Sexual Conduct Against a Child 1°; PL 130.80 Course of Sexual Conduct Against a Child 2°; PL 130.85 Female Genital Mutilation; PL 130.90 Facilitating a Sex Offense with a Controlled Substance; PL 130.91 Sexually Motivated Felony; PL 130.95 Predatory Sexual Assault; PL 130.96 Predatory Sexual Assault Against a Child);
b. An offense defined in article two hundred sixty-three of the Penal Law (PL 263.05 Use of a Child in a Sexual Performance; PL 263.10 Promoting an Obscene Sexual Performance by a Child; PL 263.11 Possessing an Obscene Sexual Performance by a Child; PL 263.15 Promoting a Sexual Performance by a Child; PL 263.16 Possessing a Sexual Performance by a Child; PL 263.30 Facilitating a Sexual Performance by a Child with a Controlled Substance or Alcohol);
c. A felony offense defined in article one hundred twenty-five of the Penal Law (PL 125.10 Criminally Negligent Homicide; PL 125.11 Aggravated Criminally Negligent Homicide; PL 125.12 Vehicular Manslaughter 2°; PL 125.13 Vehicular Manslaughter 1°; PL 125.14 Aggravated Vehicular Homicide; PL 125.15 Manslaughter 2°; PL 125.20 Manslaughter 1°; PL 125.21 Aggravated Manslaughter 2°; PL 125.22 Aggravated Manslaughter 1°; PL 125.25 Murder 2°; PL 125.26 Aggravated Murder; PL 125.27 Murder 1°; PL 125.40 Abortion 2°; PL 125.45 Abortion 1°; PL 125.50 Self-Abortion 2°; PL 125.55 Self- Abortion 1°; PL 125.60 Issuing Abortion Articles);
d. A violent felony offense defined in section 70.02 of the Penal Law (CLASS B VIOLENT FELONY OFFENSES: PL 110/125.25 Attempted Murder 2°; PL 110/135.25 Attempted Kidnapping 1°; PL 110/150.20 Attempted Arson 1°; PL 125.20 Manslaughter 1°; PL 125.22 Aggravated Manslaughter 1°; PL 130.35 Rape 1°; PL 130.50 Criminal Sexual Act 1°; PL 130.70 Aggravated Sexual Abuse 1°; PL 130.75 Course of Sexual Conduct Against a Child 1°; PL 120.10 Assault 1°; PL 135.20 Kidnapping 2°; PL 140.30 Burglary 1°; PL 150.15 Arson 2°; PL 160.15 Robbery 1°; PL 230.34(5)(a)&(b) Sex Trafficking; PL 255.27 Incest 1°; PL 265.04 Criminal Possession of a Weapon 1°; PL 265.09 Criminal Use of a Firearm 1°; PL 265.13 Criminal Sale of a Firearm 1°; PL 120.11 Aggravated Assault upon a Police Officer or a Peace Officer; PL 120.07 Gang Assault 1°; PL 215.17 Intimidating a Victim or Witness 1°; PL 490.35 Hindering Prosecution of Terrorism 1°; PL 490.40 Criminal Possession of a Chemical Weapon or Biological Weapon 2°; PL 490.47 Criminal Use of a Chemical Weapon or Biological Weapon 3°); (CLASS C VIOLENT FELONY OFFENSES: An attempt to commit any of the Class B violent felony offenses listed above; PL 125.11 Aggravated Criminally Negligent Homicide; PL 125.21 Aggravated Manslaughter 2°; PL 130.67 Aggravated Sexual Abuse 2°; PL 120.08 Assault on a Peace Officer, Police Officer, Fireman or Emergency Medical Services Professional; PL 120.09 Assault on a Judge; PL 120.06 Gang Assault 2°; PL 121.13 Strangulation 1°; PL 140.25 Burglary 2°; PL 160.10 Robbery 2°; PL 265.03 Criminal Possession of a Weapon 2°; PL 265.08 Criminal Use of a Firearm 2°; PL 265.12 Criminal Sale of a Firearm 2°; PL 265.14 Criminal Sale of a Firearm with the Aid of a Minor; PL 265.19 Aggravated Criminal Possession of a Weapon; PL 490.15 Soliciting or Providing Support for an Act of Terrorism 1°; PL 490.30 Hindering Prosecution of Terrorism 2°; PL 490.37 Criminal Possession of a Chemical Weapon or Biological Weapon 3°); (CLASS D VIOLENT FELONY OFFENSES: An attempt to commit any of the Class C violent felony offenses listed above; PL 120.02 Reckless Assault of a Child; PL 120.05 Assault 2°; PL 120.18 Menacing a Police Officer or Peace Officer; PL 120.60 Stalking 1°; PL 121.12 Strangulation 2°; PL 130.30 Rape 2°; PL 130.45 Criminal Sexual Act 2°; PL 130.65 Sexual abuse 1°; PL 130.80 Course of Sexual Conduct Against a Child 2°; PL 130.66 Aggravated Sexual Abuse 3°; PL 130.90 Facilitating a Sex Offense with a Controlled Substance; PL 135.35 (3)(a)&(b) Labor Trafficking; PL 265.02 (5), (6), (7), (8), (9) or (10); PL 265.11 Criminal Sale of a Firearm 3°; PL 215.16 Intimidating a Victim or Witness 2°; PL 490.10 Soliciting or Providing Support for an Act of Terrorism 2°; PL 490.20 Making a Terroristic Threat; PL 240.60 Falsely Reporting an Incident 1°; PL 240.62 Placing a False Bomb or Hazardous Substance 1°; PL 240.63 Placing a False Bomb or Hazardous Substance in a Sports Stadium or Arena, Mass Transportation Facility or Enclosed Shopping Mall; PL 405.18 Aggravated Unpermitted Use of Indoor Pyrotechnics 1°) (CLASS E VIOLENT FELONY OFFENSES: PL 110/265.02 (5), (6), (7), or (8) Attempted Criminal Possession of a Weapon 3° as a lesser included offense of that section as defined in CPL 220.20; PL 130.53 Persistent Sexual Abuse; PL 130.65-a Aggravated Sexual Abuse 4°; PL 240.55 Falsely Reporting an Incident 2°; PL 240.61 Placing a False Bomb or Hazardous Substance 2°);
e. A class A felony offense defined in the Penal Law (abbreviated on your Certificate of Disposition as “AF”);
f. A felony offense defined in article one hundred five of the Penal Law where the underlying offense is not an eligible offense (PL 105.10 Conspiracy 4°; PL 105.13 Conspiracy 3°; PL 105.15 Conspiracy 2°; or PL 105.17 Conspiracy 1°; when the crime you conspired to commit is one of the charges listed in this section);
g. An attempt to commit an offense that is not an eligible offense if the attempt is a felony (An attempt to commit a crime is displayed on your Certificate of Disposition as “Attempted” and will have the number 110 displayed before the section and subsection (e.g., Attempted Robbery 2°; PL 110-160.10) If it is a felony level offense, the charge weight will be BF, CF, DF or EF); or,
h. An offense for which registration as a sex offender is required pursuant to article six-C of the correction law (A conviction that requires you to register as a sex offender).
4. It has been over 10 years since I was sentenced for my most recent case. I did not count any jail or prison time I served after being sentenced in calculating the 10-year period (Your most recent conviction and sentence must be more than ten years ago. However, if you were in jail or prison after you were sentenced, that time does not count. For example, your last conviction was 11 years ago and you served 2 years in state prison (11 – 2 = 9), that is only 9 years and you will not qualify for sealing for another year).
Yes. For more information, please visit: US Department of Homeland Security
Yes, you may leave the United States if you are not currently under supervision. However, you must check with the Country in which you want to travel to. That County's Customs and Immigration Laws will determine if you are able to safely enter.
Yes, all US Citizens may vote in open elections. If you have served a period of straight incarceration, you may need to re-register. You can verify this information with the Livingston County Board of Elections.
If you are interested in being an intern at the Livingston County Probation Department, you will need to be present at least two full days per week and for the ENTIRE semester; even if your required hours have been completed. Upon receipt of your application and a short writing sample, they will be reviewed; if it is determined appropriate, an interview will be scheduled to gather further information from you, and a final determination will be made. You must provide a picture ID and current college identification/transcripts. In addition, if you are interested in completing compliance checks on probationers in the field, you will need to provide proof of insurance coverage through your college institution.
Livingston County Probation Department receives numerous requests for internships. Space is limited; please start your application process in the semester prior to the semester you wish to begin your internship.
Probation Employment Liaison:
The Livingston County Probation Department recognizes the importance of sustained employment for individuals under community supervision. Employment provides individuals a means to self-sufficiency and the ability to support their families, as well as the capacity to structure their time in positive ways.
Probation also understands the needs of area employers and their ability to ask questions of probation officers about work schedules and other work environment related issues.
Accordingly, the Livingston County Probation Department has designated a single point of contact or Probation Employment Liaison officer to communicate with area employers.
Please feel free to contact Probation Director, Lynne Mignemi, at (585) 243-7190 or via email (firstname.lastname@example.org) if you are an area employer who has any general questions about probation conditions relating to employment, employment opportunities for individuals on probation, or if you have any other employment related questions or concerns.
On a related note, the NYS Department of Labor offers information for both job seekers and employers on some of the incentives and options available to individuals with known barriers to employment that include having a criminal history. With these links, please find fact sheets describing the Work Opportunity Tax Credit and the Federal Bonding Program.