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This page was designed to help our clients better understand our New York Certificate of Relief from Disabilities service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
Yes. The conviction will still appear on a background check; however, the Certificate of Relief from Disabilities will appear next to the relevant conviction on your rap sheet. §701(3); §701(2).
Any court or Board of Parole issuing or revoking any certificate shall immediately file a copy of the certificate, or of the order of revocation, with the New York state identification and intelligence system.
Records shall be updated immediately.
No. A Certificate of Relief from Disabilities does not affect your DMV records.
A Certificate of Relief from Disabilities can be extremely beneficial when you are seeking employment or applying for an occupational license. A public agency or private employer must give consideration to a Certificate of Relief from Disabilities issued to an applicant and the certificate “shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.” This means that your conviction should not result in your being rejected for employment unless there is other evidence that you are not qualified.
However, a certificate does not completely protect you from being denied employment or a license because of your criminal record. A certificate is not a pardon and does not remove your convictions from your record. You must still list your convictions on job applications where the question is asked. Furthermore, the convictions will still appear on your rap sheet and can be taken into consideration for licenses. The law does allow an employer or licensing agency to refuse to employ or license an applicant where your convictions are “job-related.” §702(2-3).
A Certificate of Relief from Disabilities can remove statutory bars with respect to housing and employment because of convictions. That means, that instead of being automatically disqualified from a particular job or license because of a conviction, you have the right to be considered for the position. §701(1)
Whether this certificate is permanent or temporary depends upon the applicant’s circumstances.
If you were convicted of a misdemeanor or if you were convicted of a felony but served no time in state prison, the court can issue the Certificate any time after you are sentenced. This certificate is temporary until such time as either the court’s authority to revoke the sentence has expired or is terminated or the individual is discharged from the board’s supervision. The court’s authority to revoke ends upon probation ending or a conditional discharge. A court may revoke a certificate in two situations. First, for violation of the conditions of the sentence. Second, if the court revokes the sentence and commits the person to a state correctional institution. If the certificate is not revoked, it shall become a permanent certificate upon completion of probation or a conditional discharge. In all cases, revocation must be upon notice and after an opportunity to be heard.
If you were convicted of a felony and served time in a state prison or were convicted of a federal or out-of-state misdemeanor or felony, the Board of Parole can issue a Certificate of Relief from Disabilities as early as when you are on parole or supervised release. These certificates are temporary until such time as the individual is discharged from parole or supervised release. The Board of Parole may revoke either certificate for violation of the conditions of parole or release. If the certificate is not revoked, it shall become a permanent certificate upon completion of parole or supervised release. In all cases, revocation must be upon notice and after an opportunity to be heard. §703(4)
Upon completion of your prison or parole sentence for a felony conviction, your civil rights are automatically restored.
Criminal violations can have negative consequences for immigrants. Since each case is unique, getting a case-by-case analysis tailored to your specific situation is imperative. To find out if your criminal conviction will impact your immigration case, you should contact a qualified immigration attorney. Our in-house immigration attorney is available to answer questions at 714-617-8395.
A Certificate of Relief from Disabilities may remove New York State’s statutory bar to apply for and receive a license to possess a firearm imposed upon those convicted of a felony or serious offense, it does not prevent the agency from denying the issuance of a license. There is also a lifetime prohibition under federal law (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence. A certificate in New York does not lift the federal prohibition.
In New York, you may serve on a jury if you: 1) are a United States citizen, 2) are over the age of eighteen, 3) are a resident of the county by which you are summoned, 4) are able to understand and communicate in English, 5) have not been convicted of a felony, unless you have had your rights restored.
http://www.nyjuror.gov/juryQandA.shtml https://www.parole.ny.gov/program_restoration.html
Hiring an attorney is typically in your best interests to handle this process because an attorney will help ensure the process is done correctly the first time to avoid delays or having your case denied. An attorney will also go to any scheduled hearings or respond to any objections or opposition.
After you sign up for your case, we will have you fill out an online questionnaire through our client portal. It will ask questions that can influence the outcome of the case and allows us to form the best argument for why your case should be granted. The more detailed information that you provide to us, the better we can present your side of the case and the better your chances of success.
We have an online system that allows you to login and view the details of your case at any time. Anytime something happens in your case we will post an update to your online account indicating the current status. You will be able to see what has been done and also what the next steps are. In addition to posting the status updates, we will post your case information so you can see what the results of the case research was (what cases we found on your record) and also any information regarding upcoming hearings.
Also on your online account, we post your contract and payment plan information for you so that you can view that at any time and print the information for your records if you wish.
Unfortunately, we do not offer a money-back guarantee for the Certificate of Relief from Disabilities service. The process involves a substantial amount of preparation and can require several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money-back guarantee.
If you were convicted of a misdemeanor or if you were convicted of a felony but served no time in state prison, a court may grant this certificate at the time of sentencing or any time thereafter. If granted at the time sentence is pronounced, the certificate may grant relief from forfeitures and/or disabilities; if granted later, the certificate can only apply to disabilities. §702(1)
If you were convicted of a felony and served time in a state prison or were convicted of a federal or out-of-state misdemeanor or felony, you may apply to the Board of Parole to obtain a Certificate of Relief from Disabilities as early as when you are serving time in a New York State correctional institution. §702(3)
We go to court on your behalf. While we may recommend your attendance, attendance is not required in most cases.
Typically, the Certificate of Relief from Disabilities process takes about one to two years in New York and is dependent on your particular circumstances.
That is the average time period, but some cases will take less time and some could take more time, depending on the facts of the case, whether there is any opposition, the age of your case, etc. We will work to get your application filed and decided on as quickly as possible on our end.
If you need your Certificate of Relief from Disabilities in a hurry, you should explain why in a letter with your completed application form. If you would like us to file that letter in addition to the application for the certificate then we can for a fee. When a job or occupational license is at stake, the Board of Parole makes every effort to speed up the application process. If helpful, we will gladly write your employer or potential employer a letter letting them know we are seeking a Certificate of Relief from Disabilities.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. There is not any option for an appeal or court action because these decisions are entirely discretionary with the Dept. of Corrections or with deciding judge. However, we can request that the Dept. of Corrections or Court reconsider their decision depending on the circumstances. Another option is to refile after more time has passed.
You will receive the granted certificate.
The main difference between the two certificates is who is eligible to apply for each. A Certificate of Relief from Disabilities can be issued, in certain situations, as early as at the time of sentencing. However, a Certificate of Good Conduct has a statutorily required waiting period. Both certificates may be issued to remove legal bars or disabilities or to remove only specific bars or disabilities. Only a Certificate of Good Conduct will restore the right of an individual to apply for public office. §703-a(1); §703-b(1)(a); §701(1); §701(2).
Some jobs in New York (like police officer and firefighter) are considered "public offices.” A Certificate of Relief from Disabilities does not lift the statutory bar to a job that is considered a “public office.” Only a Certificate of Good Conduct can lift a statutory bar to a job that is considered to be a "public office." §703-b(2); §701(1)
The court or the Board of Parole, whichever is applicable, must be satisfied that the person to be granted relief is an eligible offender that the relief to be granted is consistent with the rehabilitation of the eligible offender and that the relief to be granted by the certificate is consistent with the public interest. Basically, the court or Board of Parole determines if you are rehabilitated and granting a certificate of relief is in the interest of justice to grant the certificate. §702(1)
Yes. A “court may for the purpose of determining whether such certificate shall be issued, request its probation service to conduct an investigation of the applicant…” §702(3)
Yes. Upon the court’s receipt of a certificate of relief from disabilities investigation report from a probation department, the court shall provide a copy of the report, or direct that such report be provided to the applicant’s attorney or the applicant.§703(1)
Where the court or the Board of Parole, whichever is applicable, has issued a Certificate of Relief from Disabilities to remove only specific bars or disabilities, we can apply to the court or the Board of Parole, whichever is applicable, to issue a new Certificate of Relief from Disabilities and subsequently enlarge the requested relief to include bars or disabilities not removed in the original Certificate of Relief from Disabilities that was issued. §702(5); §703(2)
No, your disposition does not matter. We can apply for a Certificate of Relief from Disabilities regardless of what you pled.
Yes. You person must apply for and get a separate Certificate of Relief from Disabilities for each conviction. You can get Certificates of Relief from Disabilities for all of your convictions, even for those that were federal or occurred outside New York, provided you are a New York resident. §703(1)
If you are unsure as to what is currently on your criminal record, we can obtain that information for you and determine what services you are eligible for in New York. We charge a small researching fee, which we apply to the cost of any service that you hire us to perform.
Cases are denied for the following reasons: (1) an inaccuracy in the application, (2) the parole board does not believe granting you a certificate will be in the interest of society, (3) violating probation, or (4) not paying fines. §702(2)
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