2023 New York Laws › COR - Correction › Article 23 - Discretionary Relief From Forfeitures and Disabilities Automatically Imposed by Law › 703-B - Issuance of Certificate of Good Conduct.

§ 703-b. Issuance of certificate of good conduct. 1. The department of
corrections  and  community  supervision shall have the power to issue a
certificate of good conduct to any  person  previously  convicted  of  a
crime in this state, when the department is satisfied that:
(a)  The  applicant  has  conducted  himself  or  herself  in a manner
warranting such issuance for a minimum period  in  accordance  with  the
provisions of subdivision three of this section;
(b) The relief to be granted by the certificate is consistent with the
rehabilitation of the applicant; and
(c) The relief to be granted is consistent with the public interest.
2.  The department shall have the power to issue a certificate of good
conduct to any person previously convicted  of  a  crime  in  any  other
jurisdiction, when the department is satisfied that:
(a) The applicant has demonstrated that there exist specific facts and
circumstances,  and specific sections of New York state law that have an
adverse impact on the applicant and warrant the application  for  relief
to be made in New York; and
(b)  The  provisions of paragraphs (a), (b) and (c) of subdivision one
of this section have been met.
3. The minimum period of good conduct by the individual referred to in
paragraph (a) of subdivision one of this section, shall be  as  follows:
where  the most serious crime of which the individual was convicted is a
misdemeanor, the minimum period of good conduct shall be one year; where
the most serious crime of which the individual was convicted is a  class
C,  D  or  E  felony,  the minimum period of good conduct shall be three
years; and, where the most serious crime of  which  the  individual  was
convicted  is  a class B or A felony, the minimum period of good conduct
shall be five years. Criminal acts committed outside the state shall  be
classified  as  acts  committed  within  the  state based on the maximum
sentence that  could  have  been  imposed  based  upon  such  conviction
pursuant  to  the laws of such foreign jurisdiction. Such minimum period
of good conduct by the individual shall be measured either from the date
of the payment of any fine imposed upon him or her or the suspension  of
sentence,  or from the date of his or her unrevoked release from custody
by parole, commutation or  termination  of  his  or  her  sentence.  The
department  shall have power and it shall be its duty to investigate all
persons when such application is made and to  grant  or  deny  the  same
within a reasonable time after the making of the application.
4.  Where the department has issued a certificate of good conduct, the
department may at any time issue a new certificate enlarging the  relief
previously granted.
5.  Any certificate of good conduct by the department to an individual
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 individual 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.