The Certificate of Relief Actin New York State aims to assist individuals with felony convictions upon their release from prison. It offers support in areas such as employment, housing, and education. New York provides two types of certificates under this act: the Certificate of Relief from Disabilities and the Certificate of Good Conduct.
The Certificate of Relief from Disabilities eliminates any compulsory legal impediment, disability, or disqualification imposed on an individual as a result of their criminal offenses or felony. This certificate is intended for individuals who have committed misdemeanors or are first-time felony offenders. It is important to note that individuals with more than one felony are not eligible to apply for this certificate. Additionally, it should be noted that two or more felony convictions stemming from the same indictment are considered as a single felony. The Certificate of Relief is granted in cases where no prison sentence is involved. Individuals who have served time in prison can pursue obtaining this certificate through the New York State Board of Parole after their release.
The Certificate of Good conduct awards its recipients “the forfeiture or disability,” and “removes any barrier to employment”. The Certificate of Good Conduct is for those with more than one offense on their record. The state Board of Parole awards this certificate after a court sentencing where no prison term is involved. In order to receive this certificate, there is usually a one to five-year waiting period for good conduct. The amount of years the waiting period takes depends on how severe the committed offense is. Additionally, the parole board can take up to six months to make their decision regarding this certificate.
Essentially, when an individual has their records sealed, their criminal record is legally erased. Individuals can then honestly state that they have never been charged or convicted of a crime to employers. For an individual to qualify to have their records sealed, they must not be convicted of a second crime for ten years since the day of their sentencing or release from jail/prison.
All misdemeanor convictions are eligible to be sealed, and some felonies can also be sealed. It is important to understand an individual can only seal one felony, and some felonies are not ever eligible to be sealed. Felonies that are NOT eligible for sealing include all sex offenses, violent felonies, and other serious felonies.
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