Certificate of Relief from Civil Disabilities
What you need to know about Applying for a Certificate of Relief from Civil Disabilities
The Purpose of a Certificate of Relief from Civil Disabilities
Laws governing Certificates of Relief from Disabilities and Certificates of Good Conduct were enacted to reduce the automatic rejection and community isolation that often accompany conviction of crimes and set out to facilitate the rehabilitation of first offenders so that they can, for the most part, find employment without the onerous restriction of a criminal conviction.
Additionally, Correction Law §753(1)(a), which authorizes the granting of a Certificate of Relief from Civil Disabilities, recognizes that it is the public policy of New York State to “encourage the licensure and employment of persons previously convicted of one or more criminal offenses.” Correction Law §753(2) further establishes that with respect to a “public agency” or “private employer”, a certificate “shall create a presumption of rehabilitation.
Who is eligible for a Certificate of Relief from Disabilities?
New York Correction Law §700 establishes that a person is eligible to receive a Certificate of Relief from Disabilities if he/she has been convicted of a crime or of an offense, but has not been convicted of more than one felony. If you are wondering, a “felony” means a conviction of a felony in this state or of an offense in any other jurisdiction for which a sentence to a term of imprisonment in excess of one year, or a sentence of death, was authorized.
Additionally, a plea or verdict of guilty upon which a sentence or the execution of a sentence has been suspended or upon which a sentence of probation, conditional discharge or unconditional discharge has been imposed, shall be considered a conviction.
Some of our clients have asked us whether an individual adjudicated a youthful offender incur any civil disabilities. The answer, thankfully, is no.
What can a Certificate of Relief from Disabilities do and not do?
First, what does a Certificate of Relief from Civil Disabilities do? In general, Correction Law §701 provides that a certificate may relieve an eligible offender of any forfeiture or disability, or remove any bar to employment, automatically imposed by law by reason of conviction of the crime or the offense. A Certificate of Relief from Disabilities will prevent the automatic forfeiture of any license, permit, employment or franchise, including the right to register for or vote at an election.
While regaining the right to vote after a conviction is a satisfying development for our clients, the positive effect it has on sealing one’s convictions from some employers – like those in governmental jobs - is the real value of having a Certificate of Relief from Civil Disabilities.
Correction Law Article 23-A - which contains the authority for a Certificate of Relief from Civil Disabilities - establishes parameters to safeguard against unfair discrimination against persons previously convicted of one or more criminal offenses by a “public agency” or “private employer”. Correction Law §752 establishes that no applicant for any “license” or “employment”, to which the provisions of this article are applicable, can be denied a license or employment by reason of the applicant’s previous criminal conviction or by reason of a finding of lack of “good moral character” when such finding is based upon the applicant’s criminal conviction of one or more criminal offenses unless:
(1) there is a “direct relationship” between one or more of the previous criminal offenses and the specific license or employment sought; or
(2) the issuance of the license or granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
In the very least, a Certificate of Relief from Civil Disabilities means that a public agency or private employer must give consideration to the Ccertificate of Relief from Disabilities issued to an applicant by creating that all-important presumption of rehabilitation.
However, keep in mind, a Certificate of Relief from Civil Disabilities cannot do everything. For example, if one has been convicted of a New York DWI charge, a Certificate of Relief from Civil Disabilities will not prevent forfeiture of driver’s licenses. (There are other legal options that exist - regarding the suspension and revocation of driving privileges – which our New York DWI attorneys can handle for you)
EXPERIENCED NEW YORK POST-CONVICTION ATTORNEYS
At Sullivan & Brill, LLP, we can asssit you in applying for a Certificate of Relief from Civil Disabilities. Our New York Post-Conviction Attorneys have been representing clients with criminal records for close to 15 years. We have set out to make sure that one's past does not destroy their future.If you or someone you know has been convicted of a state or federal crime and is looking for some remedy, call 212-566-1000 or complete the form at the left, and an experienced post-conviction attorney cruise will discuss your case with you.
115 Broadway, 17th Floor
New York, NY 10006
236 Domenech Avenue
San Juan, Puerto Rico 00918
Recent Developments at Sullivan & Brill
- Some Good Options for Clients Charged with Drug Crimes in Federal Court
- Read here to read about new developments on Bail in New York Criminal Defense Matters
- Click Here to read Steven Brill's Recent Interview on Hate Crimes
- Steven Brill Successfully Argued that Client Charged with Running over a 1 Million Dollar Ponzi Scheme be Sentenced to Less Time
- A Federal Investigation finds that 5 Jailed in 1995 Killing of New York City Cab Driver are Innocent
- Sullivan & Brill Retained to Represent Client Arrested and Charged with Possession with Intent to Sell Cocaine in Queens County
- Sullivan & Brill's Client Charged with RICO Conspiracy in Newburgh Latin Kings Indictment Found Not Guilty of ALL Conspiracy Charges
- Sullivan & Brill Retained to Represent Woman Charged with the Federal Crimes of Money Laundering and Conspiracy to Produce False Identification
- Sullivan & Brill attorney,Steven Brill, was Interviewed for Article in Lawyers.com. on the Stop and Frisk Policy in New York City. Click this Link to See what he Had to Say
- Sullivan & Brill's Client who was Charged with Federal Drug Conspiracy in the SDNY was Recently Sentenced to a Term Below the Sentencing Guideline Level