Who is eligible for a Certificate of Relief?
CERTIFICATE OF RELIEF | RESTORATION OF RIGHTS
By law, you are eligible for a Certificate of Relief if you 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 Department of Corrections and Community Supervision (DOCCS) may also issue you a Certificate of Relief if you are an eligible offender who has been convicted in another jurisdiction and who now lives 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.
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.
Who is eligible to apply for a Certificate of Good Conduct?
In contrast to the Certificate of Relief, you are eligible for the Certificate of Good Conduct even if you have been convicted of more than one felony. You do not become eligible for a Certificate of Good Conduct, however, 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.
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.
How are certificate applications submitted?
If you have not completed your sentence, you cannot apply directly for a Certificate of Relief or a Certificate of Good Conduct. The application is submitted to the DOCCS Certificate Review Unit. If you are anticipating release consideration or are under parole supervision, you should discuss your desire to apply for a Certificate with your Parole Officer.
If you have completed your sentence, you may apply directly to the Certificate Review Unit at DOCCS for Certificates of Relief or Good Conduct. If you were convicted in another state or by a federal court, you may apply directly upon release from custody to the Certificate Review Unit.
How are voting rights restored?
If you have been convicted of a felony, you lose the right to vote. This right is automatically restored when you complete your maximum sentence or are discharged by the Board of Parole. If you have been issued a Certificate of Relief from Disabilities or a Certificate of Good Conduct while on parole, you may register to vote.
Where may I obtain more information about Certificates of Relief and Good Conduct, and about 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. Consult your Parole Officer about specific questions you may have.