New York Certificate Of Relief From Disabilities (CRD) and Certificate of Good Conduct (CGC): A Complete Guide and FAQs

Certificates of Relief from Disabilities (“CRDs”) and Certificates of Good Conduct (“CGC”) are certifications that can help people in New York with convictions obtain employment, housing, and other benefits. 

Legal bars to licenses and employment are contained in various laws enacted by the New York State Legislature. Some examples include employment as a security guard, a private investigator, an insurance broker, and many local civil service positions, as well as licenses to sell liquor wholesale or retail or for real estate brokers and notaries public.

CRDs and CGCs remove most of these automatic bars and require licensing agencies and employers to consider your application. Thus, CRDs and CGCs are crucial in removing barriers and giving individuals a second chance to reintegrate into society.

It’s important to note that while CRDs and CGCs do not guarantee employment or the granting of a license, they require employers and licensing agencies to at least consider an individual’s rehabilitation and good conduct and they remove the automatic barriers that prohibit individuals from applying for these positions. Moreover, having a CRD or a CGC demonstrates to employers and agencies that an individual has made positive changes and should be given a fair chance.

This complete guide to Certificates of Relief from Disabilities and Certificates of Good Conduct in New York was created to help our clients better understand these certificates. In addition to providing an overview of eligibility requirements, the effect of such certificates, and the process for applying for a certificate, you will also find answers to some of the more frequently asked questions (FAQs) regarding these certificates. 

The Relevant Statutes 

The entire law relating to CRDs/CGCs is contained in Article 23 of New York Correction Law in  §§701 through 706. You can read these statutes in full by clicking on the links below. 

Article 23. Discretionary Relief from Forfeitures and Disabilities Automatically Imposed by Law

Regarding case law in New York, Judge Gleeson’s opinion in Doe v. United States provides an excellent example of applying these laws to an application for a certificate. 

Eligibility

  1. Certificate of Relief from Disabilities (“CRD”)

The law relating to Certificates of Relief from Disabilities (CRDs) is contained in N.Y. Correct. Law §§ 701-703.  You are eligible for a Certificate of Relief from Disabilities if you have been convicted of any number of misdemeanors and no more than one felony. A “felony” means a conviction of a felony in New York or of an offense in any other state or federal court for which the sentence to a term of imprisonment in excess of one year was authorized. Two or more felony convictions in the same court on the same day are counted as one felony for determining your eligibility. CRDs may also be issued to eligible individuals who now reside in New York State but have been convicted in another state or federal court.

If you were convicted of a misdemeanor or a felony conviction, but no prison term was imposed, you should apply for a CRD with the court that sentenced you. CRDs can be issued by the sentencing court as early as at the time of your sentencing, or at any time thereafter. It is essential to seek a CRD at sentencing to avoid public housing and employment bars. 

If you were sentenced to prison or incarceration under New York law or if you reside in New York but were convicted in another state or federal court, rather than applying to the sentencing court for a CRD, you must apply to the Board of Parole. The Parole Board may issue a CRD any time after release from incarceration. 

According to N.Y. Correct. Law § 701, a CRD may be granted:

to relieve an eligible offender of any forfeiture or disability, or to remove any bar to his employment, automatically imposed by law by reason of his conviction of the crime or of the offense specified therein.  Such certificate may be limited to one or more enumerated forfeitures, disabilities or bars, or may relieve the eligible offender of all forfeitures, disabilities and bars.

In determining whether or not to grant your certificate, the sentencing court or Parole Board must conclude that the issuance of the CRD is “consistent with the rehabilitation of the eligible offender” and “consistent with the public interest.”

A CRD issued upon release or once on community supervision is a temporary certificate that becomes permanent when the parolee is discharged from supervision. While temporary, the Certificate may be revoked by action of DOCCS.

  1. Certificates of Good Conduct 

The law relating to Certificates of Good Conduct (CGCs) is contained in N.Y. Correct. Law §§ 703-a, 703-b.  In contrast to the CRD, you are eligible for the Certificate of Good Conduct even if you have been convicted of more than one felony. You do not become eligible for a Certificate of Good Conduct, however, until a minimum period of time has elapsed from the date of your release from custody by community supervision or from the date your sentence ended. 

The relevant waiting periods are as follows: 

  • Five years (5) if the most serious felony on your criminal record is an A or B;
  • Three years (3) if the most serious felony on your criminal record is a C, D, or E felony; or
  • One year (1) if you only have misdemeanors on your criminal record.

The “good conduct” waiting period begins when you were last released from incarceration (prison or jail) to community supervision or from incarceration (prison or jail) by the maximum expiration of your sentence or at the time of your last criminal conviction, whichever occurrence is last.   

Like CRDs, CGCs may also be issued to eligible people who now reside in New York State but have been convicted in another state or federal court.

In determining whether or not to grant a CGC, the applicant must demonstrate “good conduct” for the requisite time period, and (like the CRD) the issuance of the CGC must be  “consistent with the rehabilitation of the eligible offender” and “consistent with the public interest.”

The CGC issued to you while under community supervision is a temporary certificate. The Certificate becomes permanent upon discharge from supervision.

Effect of Certificates 

CRDs and CGCs have essentially the same effect: they relieve you of “any forfeiture or disability” and “remove any barrier to . . . employment that is automatically imposed by law because of conviction of the crime of the offense.” Certificates can be limited to specific disabilities and can also be enlarged by the sentencing court or Parole Board at any time to include firearms permits. 

One crucial distinction between the two certificates is that CRD does not enable you to retain or become eligible for public office. A CGC, however, does restore your right to seek public office. 

It is essential to understand that removing mandatory legal bars restores the right to apply and be considered for employment or license, but it does not guarantee the employment or license will be granted. In addition, neither certificate voids the conviction as if it were a pardon or removes, seals, erases, or expunges the underlying conviction. Thus, you will still have the conviction and must tell employers and licensing agencies about the conviction if they ask about it.

Although employers and licensing agencies are not prohibited from denying or revoking a license due to a criminal conviction, the certificates create a “presumption of rehabilitation” that must be given effect in determining whether there is a disqualifying “direct relationship” between a crime and a job or license. In other words, the certificates create a “presumption of rehabilitation” and remove the automatic bar from obtaining a license but do not establish entitlement to the license. Instead, the licensing agency maintains ultimate control over whether to grant the license. 

Procedure 

The application process for both CRDs and CGCs requires individuals to fill out the appropriate application form and submit it to either the sentencing court or the Board of Parole, whichever is applicable.

The relevant application forms can be obtained from the court or DOCCS website. For both types of certificates, it is essential to provide supporting evidence of rehabilitation and good character, such as personal letters, letters of recommendation, and evidence of participation in treatment programs, education, employment history, and community service. 

  • Certificate of Relief from Disability (CRD)

For a CRD, you must file a separate application for each conviction on your record that you want a CRD for. 

If you were convicted of a misdemeanor or a felony conviction, and no prison term was imposed, you should apply to the sentencing court for a CRD. The application for a CRD from the New York courts can be found on the NY Courts website. Please note that the court can request an investigation from probation and a written report. 

If you were sentenced to prison under New York law or if you reside in New York but were convicted in another state or federal court, you must apply to the Board of Parole/Department of Corrections and Community Supervision (DOCCS)  for a CRD.  The application can be found on their website. The CRD process through DOCCS may take several months. 

  • Certificate of Good Conduct (CGC)

Unlike a CRD, where you must file a separate application for each conviction for which you want a CRD, for a CGC, you must file only one application for all of your convictions. 

For a CGC, you must apply to the Board of Parole/DOCCS. Obtaining a CGC is more demanding since the applicant must satisfy the “good conduct” waiting period. The board shall investigate all persons when such application is made. The vote is by the whole board or of a unanimous three-member panel. 

Frequently Asked Questions (FAQs)

Why should I consider applying for a Certificate of Relief from Disabilities or a Certificate of Good Conduct?

Seeking employment or applying for an occupational license can be significantly facilitated by obtaining a CRD or CGC. When presented to a public agency or private employer, this certificate carries weight and establishes a presumption of rehabilitation for the specified offense(s). Essentially, it means that your conviction should not automatically disqualify you unless additional evidence suggests you are not qualified.

However, it is important to note that a certificate does not provide complete immunity from being denied employment or a license due to your criminal record. It does not serve as a pardon or erase your convictions from your record. You are still required to disclose your convictions on job applications when asked. Additionally, your convictions will still be visible on your rap sheet and can be considered for licensing purposes. According to §702(2-3), an employer or licensing agency may refuse employment or licensure if the convictions are deemed “job-related.”

If I am issued a certificate, does it mean I have a clean record?

No. It is important to understand that certificates do not expunge or seal convictions and are not pardons. Thus, you will still have a conviction on your record, which you must continue to disclose if you are asked about it. 

That being said, although your convictions will still appear on a criminal background check, the Certificate of Relief from Disability and/or Certificate of Good Conduct will appear next to your conviction on your rap sheet. 

If it has been more than 10 years since you were convicted of a crime, you may be eligible to ask the court to seal your record. Visit our Complete Guide to Sealing Convictions in New York.

What is the difference between a Certificate of Relief from Disabilities and a Certificate of Good Conduct?

The main difference between the two certificates is who can apply for each. A Certificate of Relief from Disabilities can be issued, in certain situations, as early as at the time of sentencing. However, a Certificate of Good Conduct has a statutorily required waiting period. Both certificates may be issued to remove legal bars or disabilities or to remove only specific bars or disabilities. Only a Certificate of Good Conduct will restore the right of an individual to apply for public office.

What if the job I am seeking is considered a “public office”?

A person convicted of a felony in New York forfeits any public office they hold. N.Y. Pub. Off. § 30(1)(e). Those with felony convictions seeking a position considered “public office” (such as a police officer, firefighter, or notary) must obtain a Certificate of Good Conduct. N.Y. Exec. Law § 130. It is important to note that a Certificate of Relief from Disabilities does not lift the statutory bar to a job considered a “public office.” Only a Certificate of Good Conduct can lift a statutory bar to a job considered a “public office.”

How will the sentencing court or Board of Parole decide whether to grant my request for a certificate?

In determining whether to grant your request for a certificate, the court or the Board of Parole, whichever is applicable, must conclude: 1) you are an eligible offender; 2) the relief to be granted is consistent with your rehabilitation; and 3) the relief to be granted is consistent with the public interest. To satisfy these legal standards, you must demonstrate certain things, such as your rehabilitation and the need for your certificate. To do so, you should submit evidence such as character statements, job recommendation letters, letters from landlords or employers denying you housing or employment, proof that you are employed, proof that you are pursuing education, proof of volunteer work, etc. 

Can a court request an investigation before issuing a Certificate of Relief from Disabilities?

Yes. A “court may to determine whether such certificate shall be issued, request its probation service to conduct an investigation of the applicant . . . ” §702(3). Upon the court’s receipt of such an investigation report from probation, the court must provide a copy of the same to the applicant and the applicant’s lawyer. 

Can new certificates be granted to enlarge relief?

Where the sentencing court or the Board of Parole has previously issued a certificate to remove only specific bars or disabilities, you can always later apply for a new certificate that enlarges the requested relief to include bars or disabilities not removed in the original certificate that was issued. §702(5); §703(2).

I have several convictions. Do I need a separate certificate for each one?

If you are applying for a Certificate of Relief from Disabilities, you must file a separate application for each conviction you would like a CRD for. On the other hand, if you are applying for a Certificate of Good Conduct, you can include all of your convictions in one application. 

Is a Certificate of Relief from Disabilities considered to be permanent or temporary when it is issued? 

The duration of this certificate depends on the individual’s specific circumstances. If someone has been convicted of a misdemeanor or a felony but did not serve any time in state prison, the court has the authority to issue the Certificate at any point after sentencing. However, this certificate is considered temporary until either the court’s ability to revoke the sentence expires or is terminated or until the individual is discharged from the supervision of the board. The court’s authority to revoke the certificate ends once probation is completed or a conditional discharge is granted. 

There are two situations in which a court may revoke the certificate. First, if there is a violation of the conditions of the sentence. Second, if the court revokes the sentence and commits the individual to a state correctional institution. If the certificate is not revoked, it will become permanent upon the completion of probation or a conditional discharge. In all cases, revocation can only occur after notice and an opportunity to be heard. On the other hand, if someone has been convicted of a felony and served time in a state prison, or if they have been convicted of a federal or out-of-state misdemeanor or felony, the conditions for obtaining a Certificate of Relief from Disabilities may differ.

Why might an application be denied?

Your request could be denied for any number of reasons. The most common reasons are 1) inaccurate information in the application; 2) the court or Board of Parole concludes that granting your application will not serve the public interest; 3) you have a parole or probation violation; or 4) you still owe court fines. 

Will I have to go to court?

The Law Office of Katherine O’Brien will attend court on your behalf. In some cases, we may recommend your attendance; however, attendance is not required in most cases.

Do I need a Certificate of Relief from Disabilities or a Certificate of Good Conduct to vote in New York?

No. On May 4, 2021, the Governor signed into law the automatic restoration of voting rights to a person upon release from a New York State correctional facility.  However, you must register to vote like any other individual in the State. 

It is also important to note that, in New York, the right to vote is lost upon felony conviction only if you are sentenced to a term of actual imprisonment. Moreover, as discussed above, your right to vote is restored automatically upon your release from incarceration. Thus, you do not need a Certificate of Relief from Disability or a Certificate of Good Conduct to vote in New York. Moreover, if you were not sentenced to a term of incarceration, or if the execution of your sentence of imprisonment is suspended, you never lost your right to vote in New York, even if you were convicted of a felony. 

Will being granted a certificate of relief restore my right to own a firearm?

Firearms rights are lost upon conviction of a felony or “serious offense.” N.Y. Penal Law §§  400.00(1)(c), 265.01(4) (rifles, shotguns, antique firearms, black powder shotguns, black powder rifles, or any muzzle-loading firearm). Rights may be regained by a pardon (rarely granted), a Certificate of Relief from Disabilities, or a Certificate of Good Conduct. N.Y. Correct. Law § § 701(2), 703-a(2). Restoration of firearms rights, however, must be specified in a document, and Class A-1 and violent felonies are ineligible. 

It is important to note that while a Certificate of Relief from Disabilities/Certificate of Good Conduct may remove New York State’s statutory bar to apply for and receive a license to possess a firearm imposed upon those convicted of a felony or serious offense, it does not prevent the agency from denying the issuance of a license. There is also a lifetime prohibition under federal law (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence. A certificate in New York does not lift the federal prohibition.

Can I get a hunting license and carry guns with a Certificate of Relief?

The New York State Penal Law section 265.20 states a person must have a Certificate of Good Conduct to legally possess a firearm if they have been convicted of a felony or serious offense.  The National Instant Criminal Background Check System(NICS) at the Federal level requires a Certificate of Good Conduct, as it is specified in the Penal Law, to purchase firearms.  It does not explicitly address the possession of previously owned firearms.  They have indicated that an individual must be eligible to possess both long guns and handguns without any restrictions on purpose, place, or usage.  To be able to purchase a long gun, someone must obtain both an unrestricted Certificate of Relief from Disabilities and a Certificate of Good Conduct.  Much discussion has been regarding allowing people to have their rights restored through a Certificate of Relief only.  However, the law has not been changed at this time, and a Certificate of Good Conduct is sometimes required. 

Who can serve on a jury in New York?

In New York, you may serve on a jury if you: 1) are a United States citizen, 2) are over the age of eighteen, 3) are a resident of the county by which you are summoned, 4) can understand and communicate in English, and 5) have not been convicted of a felony – unless you have had your rights restored.

A person convicted of a felony may not serve on a jury. N.Y. Jud. Law  § 510(3). However, your right to sit on a jury may be restored either by a governor’s pardon (rarely granted), by a Certificate of Relief from Disability, or by a Certificate of Good Conduct. Even if jury eligibility is restored, “a commissioner of jurors may consider a criminal conviction in determining the qualifications of a person to serve as a juror.” N.Y. Op. Atty. Gen. 38 (N.Y.A.G.), 1991 WL 499877. 

You can read more about juror qualifications in New York on the State’s Juror Information website.

How long does the process take?

Usually, it takes approximately one year to obtain a CRD or a CGC. While this is the average timeframe, there may be cases that require less time or more time, depending on factors such as the case details, any opposition involved, the age of the case, and so on. We will try to expedite your application’s filing and decision-making process.

Can the process be expedited?

If you require expedited processing for your CRD or CGC, we can request expedited processing on your behalf, but there is no guarantee that our request will be honored. The courts and the Board of Parole, however, usually understand the importance of timely processing regarding job opportunities or occupational licenses, and we will make every effort to expedite your application. If it would be helpful, we are more than willing to write a letter to your current or potential employer informing them about your pursuit of a Certificate of Relief from Disabilities.

What if my case is denied?

If your case is rejected, we will assess the grounds for the denial and recommend the most suitable course of action. There is no possibility of filing an appeal or taking the matter to court, as these decisions solely rest with the Department of Corrections or the judge overseeing the case. Nevertheless, we can petition the Department of Corrections or the Court to reevaluate their decision based on the specific circumstances. Alternatively, we can opt to resubmit the case after a certain period of time has elapsed.

Seeking Assistance and Additional Information

Obtaining a Certificate of Relief from Disabilities or a Certificate of Good Conduct can be a complex process. It is advisable to seek legal assistance or guidance to navigate the application process effectively. 

If you have questions regarding Certificates of Relief from Disabilities and/or Certificates of Good Conduct, please contact Katherine O’Brien Law, LLC.