2023 New York Laws › COR - Correction › 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.

§  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.