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 enumerated forfeitures, disabilities, or employment bans that are automatically imposed by law because of the conviction of the crime 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 rights.

An employer or licensing agency must 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. Please note that an employer may refuse employment even if you are eligible if your prior convictions are work-related. The applicable law is Article 23 of the New York State Correction Law.

Private agencies and authorities 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 or only one 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 or juvenile delinquent.

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

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

There are temporary and permanent Disability Relief Certificates. 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 Law and the Court’s authority to reverse said 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 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 afforded 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 reverse sentence or termination of probation.

WHAT TO CONSIDER BEFORE APPLYING FOR A CERTIFICATE OF DISABILITY RELIEF

Anyone considering obtaining a Certificate of Disability Relief should determine a) what type of license or employment the individual is seeking, and 2) research existing statutes to determine restrictions for individuals with felony convictions, and c) whether the post-conviction conviction The Certificate of Disability Relief 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 apply to 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 award the Certificate of Disability Relief.

Felony conviction and time served in a New York State prison

Your New York criminal attorney must apply to the New York State Board of Parole for the certificate. If you are currently on parole, contact your parole 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.