The general purpose of obtaining a Certificate of Relief from Disabilities(“Certificate”) in New York is for employment purposes. The Certificaterestores some of the rights that automatically forfeited due to a felonyconviction – it relives the holder of all enumerated forfeitures, disabilities,or bars to employment that are automatically imposed by law by reason of theconviction of the crime or offense listed on the certificate. The termforfeiture is referring to the loss of present rights. The term disabilitiesand bars to employment are referring to future rights. An employer or alicensing agency must consider it evidence that the offender is rehabilitated.This does not mean that you automatically will receive the job, just that youcan only be rejected if there is other evidence that you are not qualified.Keep in mind, an employer can refuse employment even if you are otherwiseeligible if your previous convictions are job-related.The Certificate does notrestore the right to hold public office, or erase, or seal the conviction. Thegoverning law is Article 23 of the New York State Correction Law. Particularagencies and authorities may still deny an offender’s formerly held rights,based upon further investigation. For example, a Certificate does not mean thata pistol permit application by the offender will be approved. A Certificatealso does not cancel, or in any other way affect, the automatic forfeiture of afelony DWI offender’s operator’s license. WHO IS ELIGIBLE FOR A CERTIFICATE OFRELIEF FROM DISABILITIES? One can only apply for a Certificate if you have beenconvicted of no or one felonies. It does not matter if you have any misdemeanorconvictions. The Felony convictions that must be considered are all New YorkState, Federal and Out-of-State convictions. Do not count cases in which youwere tried as a juvenile delinquent or youthful offender. If you have beenconvicted of more then one felonies, you are not eligible for a Certificate ofRelief from Disabilities but you may be eligible for a Certificate of GoodConduct. WHAT’S THE DIFFERENCE BETWEEN TEMPORARY AND PERMANENT CERTIFICATE OFRELIEF FROM DISABILITIES? There are temporary, and permanent Certificate ofRelief from Disabilities. A temporary certificate is one that is: 1. Issued bythe Court to a defendant who is under a revocable sentence as defined underSection 700 of the Correction Law and the Courts authority to revoke suchsentence has not expired, or 2. Issued by the New York State Board of Paroleand the individual is still under supervision. If the sentence is revocablethen the Certificate can be revoked by the Court for violation of theconditions of the sentence, and shall be revoked by the Court if it revokes thesentence and commits the defendants to prison or a jail like Rikers Island. If the individualis on Parole, then the Certificate may be revoked by the Board for anyviolation of the conditions or parole or release. If a temporary Certificate isto be revoked, it must be on notice to the defendant and permit him or her anopportunity to be heard. If the Certificate is not revoked, then it willautomatically become a permanent Certificate upon expiration of termination ofthe court’s authority to revoke the sentence or termination of Parole. WHAT TOCONSIDER BEFORE APPLYING FOR A CERTIFICATE OF RELIEF FROM DISABILITIES Anyoneconsidering obtaining a Certificate of Relief from Disabilities, needs todetermine a) what kind of license or employment the individual is seeking, and2) researching any governing statutes to determine any restrictions forindividuals with felony convictions, and c) whether the post convictionCertificate of Relief from Disabilities would provide assistance in obtainingthe position. APPLICATION FOR A CERTIFICATE OF RELIEF FROM DISABILITIES Theapplication process depends on the sentence you received, and where you weresentenced: Misdemeanor Conviction & No New York State Prison Sentence Ifyou have been convicted of a misdemeanor, or a felony but served no time in NewYork State prison, then you must apply in the Court where you were convicted.One must contact the Clerk of the Court to learn the individual steps requiredof that specific Court. The sentencing court has the discretion to grant theCertificate of Relief from Disabilities. Felony Conviction & Served Time inNew York State Prison Your New YorkCriminal Lawyer must apply to the New York State board of Parole for theCertificate. If you are currently out on Parole, then contact your ParoleOfficer. Federal, Out-of-State Conviction for a Misdemeanor or Felony. One mustapply to the New York State Board of Parole to get a Certificate of Relief forthat Conviction.

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