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.
A Certificate of Relief issued upon release or once on community supervision is a temporary certificate, which becomes permanent when the parolee is discharged from supervision. While temporary, the Certificate may be revoked by action of DOCCS.
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 until a minimum period of time has elapsed from the date of your unrevoked release from custody by community supervision or from the date your sentence ended.
A Certificate of Good Conduct has the same effect as the Certificate of Relief. However, the Certificate of Good Conduct may restore your right to seek public office and remove all legal bars or disabilities, or specific bars or disabilities.
Applications are submitted to DOCCS Certificate Review Unit. If you are anticipating release consideration or are under community supervision, discuss your desire to apply for a Certificate with your PO.
The Parole Board may also issue a Certificate of Relief to eligible offenders who have been convicted in another jurisdiction but who now live 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.
If you have completed your sentence, you may apply directly to the Certificate Review Unit of the Department of Corrections and Community Supervision 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.
The waiting period begins when you were last released from incarceration (prison or jail) to community supervision or from incarceration (prison or jail) by maximum expiration of your sentence, or at the time of your last criminal conviction, whichever occurrence is last.
DOCCS may issue you a Certificate of Good Conduct if you are an eligible individual who has been convicted in another state or in federal court and now lives in New York State. The good conduct waiting period will be determined by the level of conviction in New York State.
On May 4, 2021, the Governor signed into law the automatic restoration of voting rights to a person upon release from a New York State correctional facility. However, you must register to vote like any other individual in the State. Individuals being released on their conditional release date or to parole supervision will receive a voter information and registration packet from their assigned Offender Rehabilitation Coordinator (ORC) or other designated staff prior to release, and also by their assigned parole officer at their first meeting. Individuals being released upon expiration of their sentence will receive voter information and a registration packet prior to release by their assigned ORC or other designated staff.
(a) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought; or (b) the issuance of the license or the granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
As a result of felony and certain misdemeanor convictions, you may by prohibited by law from engaging in certain types of employment and from applying for certain types of licenses. These disabilities may continue even after you complete the sentence imposed by the court.
Legal bars to licenses and employment are contained in various laws enacted by the New York State Legislature. Some examples include employment as a security guard, a private investigator, an insurance broker, and many local civil service positions, as well as licenses to sell liquor wholesale or retail, or for real estate brokers and notaries public.
In its discretion, DOCCS may issue a Certificate of Relief from Disabilities or Certificate of Good Conduct. These two certificates have different eligibility criteria and neither is issued prior to release from incarceration. A certificate may remove mandatory disabilities in general or only those specifically indicated by DOCCS. If either certificate is issued only for specific disabilities, the Parole Board may issue a supplementary certificate granting relief from additional disabilities.
By law, individuals eligible for a Certificate of Relief 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 Parole Board may also issue a Certificate of Relief to eligible offenders who have been convicted in another jurisdiction but who now live 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.
If you have completed your sentence, you may apply directly to the Certificate Review Unit 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.
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.
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. However, you do not become eligible for a Certificate of Good Conduct 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.
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.
If you have not completed your sentence, you cannot apply directly for a Certificate of Relief or a Certificate of Good Conduct. You should submit your completed application 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 of the Department of Corrections and Community Supervision for a Certificate 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.
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.
The Office of School Personnel Review and Accountability (OSPRA) investigates allegations concerning the moral character of individuals who hold or who are applicants for New York State teaching certificates, or about the illegal practice of the profession by an uncertified person. Under the law, School District Superintendents must file a report with the Department upon the knowledge that a certificate holder has been convicted of a crime or has committed an act that raises a reasonable question about the individual's moral character.
Complaints against certificate holders including teachers, administrators and school service workers, e.g., school counselors, should, in most cases, be filed with the Department only after the matter has been reported and addressed for remedial action by the appropriate authorities at the local level, including school building principals, superintendents of schools and State and/or local police.
Any person who knows that a certificate holder or an applicant for a teaching certificate has been convicted of a crime, or has committed an act which raises a reasonable question as to the individual's moral character, may file a written complaint with the Department. Complaints submitted must be signed and dated by the individual filing the complaint.
To complain about instances of poor moral character by a teacher or school administrator certified by the State of New York, or about the illegal practice of the profession by an uncertified person, you must complete a complaint form .
Type or print clearly in black ink. Describe your complaint as completely as possible. If you do not have a daytime telephone number, it is helpful if you can provide a number where a message can be left for you during the day. If you have any papers that support your complaint, please attach copies. Do not send originals. If you have physical evidence, it is important for you to retain that evidence in its original condition.
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