Certificate of Relief From Disabilities

  • A Certificate of Relief from Disabilities (CRD) is a way to remove certain Collateral Consequences of a criminal conviction. Having the CRD can remove bars to applying for jobs, licenses, public housing and more. If you apply for and receive a CRD, you will have the right to apply just like someone without a conviction. But, having a CRD is not a guarantee that your application will be granted. And, even if you have a CRD, you still have to say that you have a criminal conviction when you fill out a job application.
  • You are eligible to get a CRD if you have been convicted of any number of misdemeanors or violations, but have not been convicted of more than 1 felony (2 or more felony convictions in the same court on the same day are counted as 1 felony for the CRD). If you have been convicted of 2 or more felonies (not at the same time), or if you want to apply for a public office job, you can’t apply for a CRD, but you may be able to get a Certificate of Good Conduct. See Certificate of Good Conduct. You need a separate CRD for each conviction.
  • Article 23 of the Correction Law is the statute that details “Discretionary Relief from Forfeitures and Disabilities Automatically Imposed by Law”
    • “SERIOUS OFFENSE” is described in section 265.00(17) of the penal law as:“(b) any of the following offenses defined in the penal law: illegally using, carrying or possessing a pistol or other dangerous weapon; possession of burglar’s tools; criminal possession of stolen property 3rd; jostling; fraudulent accosting; that kind of loitering defined in subdivision 3 of section 240.35; (loitering in a public place for the purpose of engaging or soliciting another person to engage in deviate sexual intercourse or sexual behavior of a deviate nature); endangering the welfare of a child; the offenses described in article 235 (obscenity and disseminating indecent material to minors); issuing abortional articles; permitting prostitution; promoting prostitution 3rd; stalking 4th; stalking 3rd; the offenses defined in article 130 (sex offenses);  the offenses defined in article 220 (controlled substances)“        
  • When and Where to Apply:
    • At Sentencing: You can apply for a CRD at Sentencing. This can be done by asking the Judge for a CRD. If you are going to lose an employment license or public housing because of your conviction, it is important to ask for a CRD at sentencing.
    • After Sentencing: You can apply any time after sentencing for a CRD, except you can’t apply while you are in a state prison. After sentencing, you apply to the court that sentenced you as long as your conviction did not result in state prison time. See Applying to Court for a Certificate of Relief from Disabilities 
    • After State Prison: If you served time in a state prison and have been released you apply to the Department of Corrections and Community Supervision to get a CRD.
  • If you wish to apply for a Certificate of Relief From Disabilities in Livingston County Court complete the following:
    • Certificate of Relief Application signed by a Notary Public
    • Certificate of Relief
    • Include a signed letter that explains why you are seeking a certificate at this time as well as an overview of your life since the time of the offense.  This letter should include, but not be limited to, your present family situation, your employment, education, community activities, and whether or not you have had any additional arrests.
    • Send all documents to:
      • Livingston County Court Clerk, 2 Court Street, Geneseo, NY  14454.   
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