§ 701 — Certificate of relief from disabilities

New York § 701

• Jurisdiction: New York
• Law COR: Correction
• Art. 23: Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law

Text

§ 701. Certificate of relief from disabilities. 1. A certificate of\nrelief from disabilities may be granted as provided in this article to\nrelieve an eligible offender of any forfeiture or disability, or to\nremove any bar to his employment, automatically imposed by law by reason\nof his conviction of the crime or of the offense specified therein. Such\ncertificate may be limited to one or more enumerated forfeitures,\ndisabilities or bars, or may relieve the eligible offender of all\nforfeitures, disabilities and bars. Provided, however, that no such\ncertificate shall apply, or be construed so as to apply, to the right of\nsuch person to retain or to be eligible for public office.\n 2. Notwithstanding any other provision of law, except subdivision five\nof section twenty-eight hundred six of the public health law or\nparagraph (b) of subdivision two of section eleven hundred ninety-three\nof the vehicle and traffic law, a conviction of a crime or of an offense\nspecified in a certificate of relief from disabilities shall not cause\nautomatic forfeiture of any license, other than a license issued\npursuant to section 400.00 of the penal law to a person convicted of a\nclass A-I felony or a violent felony offense, as defined in subdivision\none of section 70.02 of the penal law, permit, employment, or franchise,\nincluding the right to register for or vote at an election, or automatic\nforfeiture of any other right or privilege, held by the eligible\noffender and covered by the certificate. Nor shall such conviction be\ndeemed to be a conviction within the meaning of any provision of law\nthat imposes, by reason of a conviction, a bar to any employment, a\ndisability to exercise any right, or a disability to apply for or to\nreceive any license, permit, or other authority or privilege covered by\nthe certificate; provided, however, that a conviction for a second or\nsubsequent violation of any subdivision of section eleven hundred\nninety-two of the vehicle and traffic law committed within the preceding\nten years shall impose a disability to apply for or receive an\noperator's license during the period provided in such law; and provided\nfurther, however, that a conviction for a class A-I felony or a violent\nfelony offense, as defined in subdivision one of section 70.02 of the\npenal law, shall impose a disability to apply for or receive a license\nor permit issued pursuant to section 400.00 of the penal law.\n 3. A certificate of relief from disabilities shall not, however, in\nany way prevent any judicial, administrative, licensing or other body,\nboard or authority from relying upon the conviction specified therein as\nthe basis for the exercise of its discretionary power to suspend,\nrevoke, refuse to issue or refuse to renew any license, permit or other\nauthority or privilege.\n