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Probation Department - Certificate of Relief from Disabilities

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1. When do I need a Certificate of Relief?

If you are at risk of losing your job, license or the right to engage in certain activities due to your conviction you need a Certificate of Relief to lawfully continue or to pursue those activities.   If you have been convicted of no more than one felony and wish to have your rights restored you need a Certificate of Relief.  If you have more than one felony conviction you are not eligible, unless they were handled in the same Court at the same time.

2. If I received Youthful Offender do I need a Certificate?

Youthful Offender is not a conviction so you do not need a Certificate.

3. What does a Certificate of Relief do?

A Certificate restores most of your rights that were lost because of a felony conviction.  It does not allow you to hold public office and it does not erase the conviction.  Also, a particular agency or authority can still deny you your rights based on further investigation. (ex:  You will not automatically be granted a liquor license just because you have a Certificate of Relief.  Also, a Certificate of Relief does not cancel or in any other way affect the automatic forfeiture of a felony DWI offender’s driver’s license.)

4. Who grants Certificates?

If you were sentenced to local time, Probation, conditional discharge, a fine or a combination of any of these, the Certificate will be issued by the Court where you were sentenced.  If your Probation case was transferred, the Court to where jurisdiction was transferred will issue the Certificate. If you are sentenced to a state correctional facility a Certificate would be issued by State Board of Parole.  

5. When are Certificates issued and how do I apply?

If you are eligible and receiving a revocable sentence, and your attorney makes a request to the Court, a Certificate will be issued at the time of sentencing.  If you are on Probation, your Officer can assist you with the paperwork.   If you are no longer on Probation or did not receive Probation, the paperwork is available at the Probation Department.  Probation will assist you in filling it out but it will be your responsibility to submit it to the Court that sentenced you with a letter of explanation as to why you want the Certificate.  The Court may request an investigation be prepared by the Probation department before making a decision whether or not to grant the Certificate. 

6. If I was sentenced in one county but my Probation was transferred to another county to which court do I go?

If you were sentenced after September 1^st, 2007 the jurisdiction in your case was automatically transferred to the supervising county and you should go there.  Prior to that time it depends on whether or not the jurisdiction of your case was transferred.  If it was transferred you would apply to the new county, if it was not transferred then you would go back to the sentencing county.  Check with the last Probation department you were involved with to see which county holds jurisdiction.

7. Can I get a hunting license and carry guns if I get a Certificate of Relief?

The New York State Penal Law section 265.20 states a person must be in possession of a Certificate of Good Conduct to legally possess a firearm if they have been convicted of a felony or serious offense.  The National Instant Criminal Background Check System(NICS) at the Federal level requires a Certificate of Good Conduct, as it is specified in the Penal Law, in order to purchase firearms.  It does not specifically address the possession of previously owned firearms.  They have indicated an individual must be eligible to possess both long guns and handguns without any restrictions as to purpose, place or usage.  In order to be able to purchase a long gun someone must obtain both an unrestricted Certificate of Relief from Disabilities and a Certificate of Good Conduct.  There has been much discussion regarding allowing people to have their rights restored through a Certificate of Relief only.  However, at this time the law has not been changed and a Certificate of Good Conduct is sometimes required. Also, be advised effective 1/30/12, you may no longer use or possess black powder guns or muzzle loaders without the appropriate certificate.

8. Can I serve on jury duty if I get a Certificate of Relief?

 If you are granted a Certificate of Relief and/or a Certificate of Good Conduct you may be considered for jury duty.

9. For how long is a Certificate good?

A Certificate is considered to be temporary if you are on Probation or a Conditional Discharge at the time the Certificate is issued.  It automatically becomes permanent if you successfully complete Probation/Conditional Discharge.  If you are on Probation and are violated the Certificate may be revoked at the discretion of the Judge.  However, if you are re-sentenced to the State Department of Corrections the Certificate of Relief is automatically revoked.  If you are granted a permanent Certificate it will remain in effect unless you are convicted of another felony.  After another felony conviction it is automatically considered null and void.

10. What can I do if I have more than one felony conviction?

You can apply for a Certificate of Good Conduct.   This is granted by the State Board of Parole whether or not you were in state prison or on Parole.  There is a waiting period since your last conviction.   If the most serious crime you were convicted of was a "C", "D", or "E" felony you must wait at least three years from the date of your last conviction or release from state incarceration.  If your most serious crime was a "B" or "A" felony you must wait at least five years. A misdemeanor may be considered and would require a one year waiting period. The felony waiting period is mandatory.

11. Are there protections against discrimination based on criminal convictions?

Unless mandatory disability is imposed by law, employers and licensing agencies are prohibited from denying your employment application because of a criminal record unless:

(a) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought; or 

(b) the issuance of the license or the granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

12. What does "mandatory disabilities" mean?

As a result of felony and certain misdemeanor convictions, you may by prohibited by law from engaging in certain types of employment and from applying for certain types of licenses. These disabilities may continue even after you complete the sentence imposed by the court.

13. What are some of the employment and licenses from which formerly incarcerated individuals may be barred?

Legal bars to licenses and employment are contained in various laws enacted by the New York State Legislature. Some examples include employment as a security guard, a private investigator, an insurance broker, and many local civil service positions, as well as licenses to sell liquor wholesale or retail, or for real estate brokers and notaries public. 

14. How can mandatory disabilities be removed?

In its discretion, DOCCS may issue a Certificate of Relief from Disabilities or Certificate of Good Conduct. These two certificates have different eligibility criteria and neither is issued prior to release from incarceration. A certificate may remove mandatory disabilities in general or only those specifically indicated by DOCCS. If either certificate is issued only for specific disabilities, the Parole Board may issue a supplementary certificate granting relief from additional disabilities.

15. Who is eligible for a Certificate of Relief?

By law, individuals eligible for a Certificate of Relief have not been convicted of more than one felony. For this purpose, two or more felony convictions stemming from the same indictment count as one felony. Two or more convictions stemming from two or more separate indictments filed in the same court, prior to conviction under any of them, also count as one felony. 

 

The Parole Board may also issue a Certificate of Relief to eligible offenders who have been convicted in another jurisdiction but who now live in New York State. A Certificate of Relief may be issued upon an eligible individual's release from a correctional facility or at any time thereafter.

16. What effect does a Certificate of Relief have on my status?

A Certificate of Relief may remove any mandatory legal bar or disability imposed as a result of conviction of the crime or crimes specified in the certificate. The Certificate of Relief does not, however, enable you to retain or become eligible for public office. Note that removing mandatory legal bars restores your right to apply and be considered for employment or license, but does not guarantee it will be granted.

 

A Certificate of Relief issued to you upon release or once you are on parole supervision is a temporary certificate. This certificate becomes permanent when you are discharged from supervision. While it is temporary, the certificate may be revoked by action of DOCCS.

17. Who is eligible to apply for a Certificate of Good Conduct?

You are eligible for the Certificate of Good Conduct even if you have been convicted of more than one felony. However, you do not become eligible for a Certificate of Good Conduct until a minimum period of time has elapsed from the date of your unrevoked release from custody by parole or from the date your sentence ended.

 

In cases in which the most serious conviction is a misdemeanor, there must be at least one year of satisfactory community adjustment before a Certificate of Good Conduct can be considered. In cases in which the most serious conviction is a C, D or E felony, you must wait at least three years. In cases in which the most serious conviction is an A or B felony, you must wait at least five years.

18. What effect does a Certificate of Good Conduct have on my status?

A Certificate of Good Conduct has the same effect as the Certificate of Relief. In addition, the Certificate of Good Conduct may restore your right to seek public office. The certificate may remove all legal bars or disabilities or remove only specific bars or disabilities.

 

The Certificate of Good Conduct issued to you while under parole supervision is a temporary certificate. The certificate will become permanent upon discharge from supervision.

19. Where can I obtain more information about Certificates of Relief and Good Conduct, or licensing and employment?

Article 23 of the Correctional Law deals with Certificates of Relief from Disabilities and Certificates of Good Conduct. Article 23A of the Correction Law deals with licenses and employment of persons convicted of criminal offenses