N.Y.
Correction Law Section 703
Certificates of relief from disabilities issued by the department of corrections and community supervision
1.
The department of corrections and community supervision shall have the power to issue a certificate of relief from disabilities to:(a)
any eligible offender who has been committed to an institution under the jurisdiction of the state department of corrections and community supervision. Such certificate may be issued by the department at the time the offender is released from such institution under the department’s supervision or otherwise or at any time thereafter;(b)
any eligible offender who resides within this state and whose judgment of conviction was rendered by a court in any other jurisdiction.2.
Where the department has issued a certificate of relief from disabilities, the department may at any time issue a new certificate enlarging the relief previously granted.3.
The department shall not issue any certificate of relief from disabilities pursuant to subdivisions one or two, unless the department is satisfied that:(a)
The person to whom it is to be granted is an eligible offender, as defined in section seven hundred;(b)
The relief to be granted by the certificate is consistent with the rehabilitation of the eligible offender; and(c)
The relief to be granted by the certificate is consistent with the public interest.4.
Any certificate of relief from disabilities issued by the department to an eligible offender who at time of the issuance of the certificate is under the department’s supervision, shall be deemed to be a temporary certificate until such time as the eligible offender is discharged from the department’s supervision, and, while temporary, such certificate may be revoked by the department for violation of the conditions of community supervision. Revocation shall be upon notice to the releasee, who shall be accorded an opportunity to explain the violation prior to decision thereon. If the certificate is not so revoked, it shall become a permanent certificate upon expiration or termination of the department’s jurisdiction over the individual.5.
In granting or revoking a certificate of relief from disabilities the action of the department shall be deemed a judicial function and shall not be reviewable if done according to law.6.
For the purpose of determining whether such certificate shall be issued, the department may conduct an investigation of the applicant.7.
Presumption based on federal recommendation. Where a certificate of relief from disabilities is sought pursuant to paragraph (b) of subdivision one of this section on a judgment of conviction rendered by a federal district court in this state and the department is in receipt of a written recommendation in favor of the issuance of such certificate from the chief probation officer of the district, the department shall issue the requested certificate, unless it finds that the requirements of paragraphs (a), (b) and (c) of subdivision three of this section have not been satisfied; or that the interests of justice would not be advanced by the issuance of the certificate.
Source:
Section 703 — Certificates of relief from disabilities issued by the department of corrections and community supervision, https://www.nysenate.gov/legislation/laws/COR/703 (updated Sep. 22, 2014; accessed Dec. 21, 2024).
