Makes technical changes to ensure that certificates of relief from disabilities and good conduct issued by correction department are correctly identified

3 Co-sponsors

• Ruben Diaz
• Liz Krueger
• Antoine M. Thompson

Title of bill

An act to amend the penal law, the executive law, the alcoholic beverage control law, the agriculture and markets law, the banking law, the civil rights law, the education law, the town law, the general business law, the general municipal law, the insurance law, the public health law, the real property law, the tax law, and the vehicle and traffic law, in relation to certificates of relief from disabilities and certificates of good conduct

Purpose or general idea of bill

The purpose of this bill is to ensure that certificates of relief from disabilities and certificates of good conduct issued pursuant to the correction law are correctly identified.

Summary of specific provisions

This bill amends various provisions of law to make conforming technical changes to ensure that certificates of relief from disabilities and certificates of good conduct issued pursuant to the correction law are correctly identified and considered.

Justification

Certificates of Rehabilitation provide an opportunity for ex-offenders to prove their rehabilitation for employment and licensing purposes. There are two types of Certificates of Rehabilitation, the: (1) Certificate of Relief from Disabilities, and (2) Certificate of Good Conduct. The Sentencing Court of the New York state Parole Board generally issue Certificates, at their discretion, to eligible applicants based on their favorable character or fitness to work.

Certificates of Relief from Disabilities and Certificates of Good conduct provide a valuable way for people with criminal records to demonstrate rehabilitation. They restore rights and lift statutory bars to Jobs or licenses that result from a conviction history. These certificates, which carry the same weight with regard to the restoration of rights, are essential resources to support the employment of individuals with criminal histories, thereby promoting public safety and saving tax dollars. A person can only apply for one type of certificate. The eligibility for each depends on the person's criminal record. Both certificates, however, carry the same weight with regard to restoring the rights of individuals with criminal records.

Some statutes imposing statutory bars mistakenly reference only one of these certificates as lifting the bar or restoring rights. As a result individuals who are eligible only for the other certificate are forever arbitrarily barred from lifting the statutory bar. This bill makes conforming technical changes to various provisions of law that create statutory bars and correctly identifies both certificates of relief and certificates of good conduct as lifting such bars.

Prior legislative history

A.8464A - Passed Assembly in 2007 and 2008.

Fiscal implications

No fiscal impact.

Effective date

This act shall take effect immediately, provided, however, that the amendments to subdivision 5 of section 530 of the vehicle and traffic law made by section thirty-two of this act shall not affect the expirations of such subdivision and shall be deemed to expire therewith.