New York Laws
Article 23 - Discretionary Relief From Forfeitures and Disabilities Automatically Imposed by Law
703 - Certificates of Relief From Disabilities Issued by the Department of Corrections and Community Supervision.

(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.