THE DANDELION CONNECTION
Ellicott Square Building., 295 Main Street Room 495, Buffalo, New York 14203
(716) 847-0655 ext. 402  www.nls.org

in this issue..
How to Clean up Your Rap Sheet
Employment news from DSS
Food Stamp update
Student Loans
2003 Earned IncomeTax Credit information
Recipe, Gingerbread House

How to Clean Up Your Rap Sheet
in New York (Part 2)

        In last month’s Dandelion Connection we wrote about arrest records and employment applications. In this month’s edition, we will explain how to clean up your rap sheet in New York State.

        Yes. DCJS (Division of Criminal Justice Services in Albany) will correct mistakes on your rap sheet if you explain the mistakes and provide proof that your rap sheet is incorrect. The procedures for correcting information on your record vary slightly according to how you obtained a copy of your rap sheet. Most mistakes can be fixed easily, without the help of an attorney. But the process takes some time, so start as early as you can.

If you think there is an error on your rap sheet, you must take the following steps:

1. Get a disposition slip for the case from the court where the case was heard. A disposition slip is an official court record of the case and includes the docket number, date of arrest, arrest charges, disposition (what finally happened to the case) and disposition date. The disposition slip should have the correct information on it. If you disagree with what is on the disposition slip, then you will need a lawyer to look into it. The disposition slip is official only if the seal of the court is pressed into the paper so that you can feel it if you run your finger over it.

To get a disposition slip, you must contact the court clerk in the court where your case was heard.

2. Send the original copy of the disposition slip and a “Record Review and Statement of Challenge” to DCJS. A Record Review and Statement of Challenge is a DCJS form which is used to explain to DCJS why you think there is a mistake on your rap sheet and to request that DCJS correct the mistake. A blank Statement of Challenge is usually sent along with your rap sheet when you receive a copy in the mail. If you don’t have a Statement of Challenge, a letter to DCJS will be sufficient to challenge the accuracy of the information on your rap sheet.

        Whether you fill out the Record Review and Statement of Challenge or write DCJS a letter, you should explain when and where you saw a copy of your criminal record. To speed up your request, refer to your NYSID or New York State identification number, if you know it. Carefully explain what part of the record you think is wrong and how you think the record should be corrected. Remember to be as clear as possible when describing what it is you want changed on your rap sheet.

        DCJS will make corrections on your rap sheet only if you send an original, certified disposition slip with a court clerk or judge’s signature or seal, so do not send a photocopy.

        If you think you will need a copy of the disposition slip in the future, you should photocopy it before you mail the original to DCJS. DCJS will not return the     original disposition to you.

        Your record should be corrected within a few weeks after you send the letter. When your record has been corrected, DCJS will notify you by letter. If you want to make sure that your record has been corrected, you will have to ask DCJS to send you a copy of your rap sheet again.

        No, you cannot erase or “expunge” criminal record information in New York State. But state law does allow the courts and DCJS to “seal” information about any case that was dismissed or that was otherwise terminated in your favor. Records of convictions for most non-criminal offenses or violations can also be sealed. Misdemeanor or felony convictions cannot be sealed.

        When a case is sealed, your fingerprints, palm prints and mug shots are destroyed, and information about the sealed arrest is removed from the version of your rap sheet that will be sent to employers and others. However, you should understand that the record of a sealed arrest is never completely destroyed. A record of all your arrests will still remain in a confidential file in the DCJS computer. Only in very limited circumstances can sealed information be released.

        Information about cases that were terminated in your favor and cases in which you were convicted of a “violation” rather than a “criminal offense” can be sealed.

        Sealed information for arrests that were terminated in your favor is released by DCJS in only a few situations.

• If you make a request to see your own rap sheet, sealed information will appear on it.
• If you apply for a license to carry a gun, the agency which issues the license or permit (usually the local law enforcement agency) will get sealed information from DCJS.
• If you apply for a job as a law enforcement or peace officer, or any other job which requires you to carry a gun, the employer will have access to sealed and confidential information from DCJS.
• If you are arrested while on parole or probation, your P.O. can get information on the case even if it was sealed.
• A prosecutor or other law enforcement official can gain access to sealed information by showing that “justice requires” that she or he have the information.

        Yes. If you have a misdemeanor or felony conviction, it cannot be sealed, but you can apply for a certificate of rehabilitation. Such a certificate restores some of the rights you may have lost as a result of your conviction (such as the right to serve on a jury) and can help when you are looking for work or applying for a license. If you have a certificate of rehabilitation when you apply for a job or an occupational license, the employer or licensing agency must assume that you are “rehabilitated.” This means that you should not be rejected for employment or refused a license just because of your conviction, unless your conviction has a direct bearing on your ability to perform the job.

        The certificates are useful because New York has a number of laws that otherwise bar persons who have been convicted of certain crimes from working in particular jobs or getting certain licenses. A certificate of rehabilitation, in most cases, removes what are called “statutory bars” to employment or occupational licenses. This means that, instead of automatically being disqualified for a particular job or license because of your conviction(s), you have the right to be considered for the position on an individual basis.

        Having a certificate does not completely protect you from being denied a job or license because of your criminal record. A certificate of rehabilitation is not a pardon; it does not erase the record of your convictions. You still must list your convictions on job applications that ask for them. And an employer will still see your convictions if he or she asks for your rap sheet when you apply for a job. Finally, although an employer must take your certificate into account in deciding whether to hire you, the law still permits an employer or licensing agency to refuse to hire or license you if your convictions are “job-related.”

        There are two types of certificates of rehabilitation: Certificates of Relief from Disabilities and Certificates of Good Conduct.

        The major difference between certificates of Relief from Disabilities and Certificates of Good Conduct is who is eligible to apply for each. The application procedure for each is also different. You should apply for only one type of certificate. Under most circumstances, your criminal record will determine which one you may apply for. The two certificates generally carry the same weight in restoring the rights of ex-offenders and certifying that they have been rehabilitated.

        You can apply for a Certificate of Relief from Disabilities if you have been convicted of any number of misdemeanors, but no more than one felony. You can apply for a Certificate of Good Conduct if you were convicted of two or more felonies and any number of misdemeanors.

For more information on rap sheets in New York State, contact Project Dandelion. Good Luck!!

        If you need help putting together clothing for a job search or work there are many places you can go in Erie County. The Buffalo Employment and Training Center (BETC) located at 77 Goodell Street in Buffalo has a clothes closet called Finishing Touches. Call 856-5627 for information.

        In addition to a clothes closet, the Erie Community College Employment and Training Center (3176 Abbot Road, Orchard Park) offers a workshop called “Selling Yourself to the Employer”. An appointment or referral for both the clothes closet and workshop is necessary. Call Rosemary Dudek at 825-2525.

        Here are some other locations of Thrift Shops and Business Clothes Closets:

Goodwill Industries
2655 Delaware Avenue Buffalo 447-0566
83 Broad Street Tonawanda 693-3125
Transitown Plaza Williamsville 626-9106
441 Union Road Cheektowaga 626-1916
University Plaza Main St, Amherst 835-0513
Abbott Road Plaza Lackawanna 825-4407

Hearts Thrift Shop
890 Tonawanda Buffalo 876-3536

Lutheran Association for the Developmental Disabled (LADD) (open to all)
3796 Delaware Ave Kenmore 876-6796

Salvation Army Thrift Stores
3139 Bailey Avenue Buffalo 836-9148
278 West Ferry Street Buffalo 886-8436
895 Payne Avenue No. Tonawanda 694-0013
2196 Seneca Street Buffalo 825-9948
1080 Military Road Buffalo 875-2533
7008 Transit Road Buffalo 632-9929

Amvets Thrift Store
510 Dick Road Depew 681-4933
1833 Elmwood Buffalo 873-7900

Everywoman Opportunity Center contact Marcia Hillock)
237 Main Street Buffalo 847-1120

Retap Thrift Store
3043 Main Street Buffalo 836-7880

St. Christopher’s Outreach Program
2060 Niagara Falls Blvd Tonawanda 694-7078

St. Vincent de Paul Thrift Shop (9:30-4:30 Mon-Sat)
1298 Main Street Buffalo 882-3360

Anne’s Hope Chest (women’s suits)
Call Bea Slick 632-5970 after 6 pm

Junior League Thrift Shop
498 Elmwood Ave Buffalo 885-0765

Food Stamp Updates…
Did you know??

        A new law was just passed that says:

        You can have one licensed vehicle per adult household member and one licensed vehicle for each child under 18 who drives to school, work (including looking for work), or training regardless of its value and still be eligible for food stamps?

        any child support payment that a household member is legally obligated to make and pays is excluded as income for food stamp purposes?

        The following income is excluded when determining food stamp eligibility:

• All educational grants, loans or scholarships for educational purposes
• IDAs
• Adoption subsidy payments
• Foster care payments
• VISTA payments
• Funds and agreements for burial services and headstones up to a maximum of $1500 per household member

        A food stamp household that has a disabled member (as defined by the Food Stamp regulations) can now have resources up to $3000 and still be eligible for food stamps.

        You can now get transitional benefits for five months. If you get transitional food stamp benefits, your food stamp benefits now remain unchanged for 5 months even if your income goes up!!! If your circumstances change during the transitional period (e.g., your income goes down), so that you would be eligible for more food stamps, you must recertify in order to get the increased amount.

        Food Stamp eligibility has been restored to 3 groups of immigrants. 1) Qualified immigrant children regardless of the date of entry, 2) Qualified disabled immigrants regardless of their date of entry, and 3) all immigrants who have resided in the US in a qualified status for a at least 5 years. The restoration will be staggered over the coming year. If you questions about these dates, contact Project Dandelion.

        Did you sign up for a correspondence school in the late 1980's but never got a degree? Are you still getting bills? Are your taxes being intercepted? Did you know that it is possible, under certain circumstances, to not only get your school debt discharged, but also to get money back???

If you signed up for any of these schools, contact Project Dandelion to see if you qualify:

• American Career Training Travel/HART Secretarial School
• AMS College
• Columbia School of Broadcasting
• County Schools
• Global Academy
• National Training Systems
• Northwest Schools
• Superior Training Services
• United Schools
• USA Training Academy Home Study

        Who can get the earned income tax credit?

Workers who were raising children in their homes and who earned less than $33,178* in 2002 can receive an EIC up to $4,140 (or less than $29,201* if you were raising only one child. If you were raising one child, you can get up to $2,506.00.)

Workers at least age 25 and under 65 who were not raising children in their homes and who earned less than $11,060* in 2002 can get up to $376.00.

*The new income limit for married workers is $1,000 higher than this amount. Many married workers will get a larger EIC.

New Extra credit if you earned more than $10,350!

        Many families may now qualify for the Child Tax Credit- up to $600 for each dependent child under age 17.

        For information about how you can get these tax credits ,call the IRS at 1-800-829-1040

How to Make a Gingerbread House
(from allrecipes.com )

You will need:
5 cups all-purpose flour
1 teaspoon baking soda
1 teaspoon salt
1 teaspoon ground nutmeg
1 cup shortening
1 tablespoon ground ginger
1 cup white sugar
1 cup molasses
2 1/2 cups confectioners' sugar
1/4 teaspoon cream of tartar
2 egg whites
1/2 teaspoon vanilla extract

        Preheat the oven to 375 degrees. Melt shortening in a saucepan large enough for mixing the dough. Mix in sugar and molasses. Combine the flour, salt, baking soda, nutmeg, and ginger; gradually stir into the pan, using your hands to work in the last bit. Dough should be stiff.

        On a floured surface, roll out dough to 1/4 inch thickness, and cut out as desired. Make sure the gingerbread is of uniform thickness, or the edges may burn before the center is done. Place pieces onto cookie sheets.

        Bake for 13 to 15 minutes in the preheated oven. Let cool for several minutes on the cookie sheet, then remove to racks to finish cooling.

        When the gingerbread has cooled completely, make the frosting cement. In a medium bowl, mix together confectioners' sugar and cream of tartar. Add egg whites and vanilla. Beat on high speed until frosting holds its shape. If necessary, add more confectioners' sugar to thicken the icing. Cover frosting with a damp cloth to prevent drying. Enjoy!

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