New York State Certificate of Disability Relief for Convicts

The general purpose of obtaining a Disability Relief Certificate (“Certificate”) in New York is for employment purposes. The Certificate restores some of the rights that were automatically lost due to a felony conviction: revives the holder of all forfeitures, disabilities, or enumerated employment bans that are automatically imposed by law because of the conviction for the felony or violation listed on the certificate. The term expiration refers to the loss of present rights. The term disabilities and barriers to employment refer to future entitlements.

An employer or licensing agency should consider it evidence that the offender is rehabilitated. This does not mean that he will automatically receive the job, just that he can only be turned down if there is other evidence that he is not qualified. Keep in mind that an employer can deny employment even if you are eligible if your prior convictions are work related. Applicable law is Article 23 of the New York State Correction Law.

Private authorities and agencies may still deny rights previously held by an offender, based on further investigation. For example, a Certificate does not mean that an offender’s application for a pistol permit will be approved. A Certificate also does not cancel, or otherwise affect, the automatic loss of a felony DWI offender’s operator’s license.

WHO IS ELIGIBLE FOR A CERTIFICATE OF DISABILITY RELIEF?

A Certificate can only be requested if you have been convicted of no felony or a single felony. It doesn’t matter if he has misdemeanor convictions. The felony convictions to be considered are all New York State, Federal, and Out-of-State convictions. Do not count cases in which he was tried as a juvenile delinquent or juvenile delinquent.

If you have been convicted of more than one felony, you are not eligible for a Certificate of Relief from Disabilities, but you may be eligible for a Certificate of Good Conduct.

WHAT IS THE DIFFERENCE BETWEEN THE CERTIFICATE OF RELIEF FOR TEMPORARY AND PERMANENT DISABILITY?

There are Certificates of Relief from Temporary and Permanent Disabilities. A temporary certificate is one that is:

1. Issued by the Court to a defendant who is under a revocable sentence as defined in Section 700 of the Correction Act and the Court’s authority to revoke such sentence has not expired, or

2. Issued by the New York State Board of Speech and the individual is still under supervision.

If the sentence is revocable, the Certificate can be revoked by the Court for violation of the conditions of the sentence, and will be revoked by the Court if it reverses the sentence and sends the defendants to prison or to a jail such as Rikers Island. If the person is on parole, then the Board may revoke the Certificate for any violation of the conditions of parole or release. If a temporary Certificate is to be revoked, the respondent must be notified and allowed an opportunity to be heard. If the Certificate is not revoked, it will automatically become a permanent Certificate upon expiration of the court’s authority to revoke sentence or termination of probation.

WHAT TO CONSIDER BEFORE APPLYING FOR A CERTIFICATE OF DISABILITY RELIEF

Anyone considering a Certificate of Disability Relief should determine a) what type of license or employment the individual is seeking, and 2) research current statutes to determine restrictions for individuals with felony convictions, and c) whether the post-conviction conviction The Certificate of Relief from Disabilities would provide assistance in obtaining the position.

REQUEST FOR CERTIFICATE OF DISABILITY RELIEF

The application process depends on the award you received and where it was awarded:

Misdemeanor conviction and no prison sentence in New York State

If you have been convicted of a misdemeanor or felony but did not serve any time in New York State prison, then you must file an application with the court where you were convicted. One should contact the court clerk for the individual steps required by that specific court. The sentencing court has the discretion to grant the Certificate of Relief from Disabilities.

Felony conviction and time served in a New York State prison

Your New York criminal lawyer should request the certificate from the New York State Board of Parole. If you are currently on probation, please contact your probation officer.

Federal, out-of-state conviction for a misdemeanor or felony.

An application must be filed with the New York State Board of Parole for a Certificate of Relief for that sentence.