Restoring Lost Income After a New York Conviction

Having a criminal record can make it incredibly difficult to find work and earn a stable income in New York. But there are options to help restore your earning potential after a conviction.

The Financial Impact of Incarceration

Research shows that incarceration has a huge financial impact, causing people to miss out on more than half of their future earnings potential. This deepens inequality, since those involved with the justice system are disproportionately poor and black [3].

One study found that by age 48, people who were incarcerated will have earned $179,000 less than their non-incarcerated counterparts. The losses are even greater for black men–up to $283,000. And over half of formerly incarcerated people remain unemployed up to a year after their release [3].

It’s clear that restoring lost income potential is crucial for people with records. So what options exist in New York?

Certificates of Relief

New York offers Certificates of Relief that can remove automatic barriers to employment and licensing. They are available to people convicted of felonies and certain misdemeanors in New York, or people convicted in other states who now live in New York [5].

Certificates of Relief remove “disabilities,” which are legal prohibitions on certain jobs or licenses due to a conviction. For example, they may allow someone to apply for jobs in education, nursing, or real estate that normally bar people with records [5].

To get a Certificate of Relief, you must apply to the Department of Corrections and Community Supervision (DOCCS). The standard waiting period is 1-3 years after release from incarceration. But exceptions can be made if there is an urgent need for employment [5].

Relief Certificates do not expunge convictions, but they can greatly improve access to jobs and occupational licenses. This helps remove barriers to earning income.

Certificates of Good Conduct

New York also offers Certificates of Good Conduct, which provide even broader relief from collateral consequences. They are available 1-5 years after the completion of a sentence (less with special exceptions) [5].

Good Conduct Certificates create a presumption of rehabilitation. This helps mitigate stigma in employment, housing, and other areas. They show that someone with a record has been rehabilitated and deserves a second chance.

People with Good Conduct Certificates can legally deny their criminal history when applying for most jobs, licenses, and other needs. This removes many barriers to earning income.

Record Sealing and Expungement

In addition to Certificates of Relief, New York allows some convictions to be sealed or expunged. This can completely remove a criminal record from public view.

Misdemeanor convictions can potentially be sealed after 10 years. Felony convictions are eligible after 10 years (7 for some classes) [4].

Sealing limits access to a criminal record by the public and many employers. Expungement destroys the record completely. Both help remove barriers to jobs, housing, and income sources.

However, serious violent felonies and sex offenses are not eligible for sealing or expungement in most cases. The process can also be complex to navigate pro se.

Federal Expungement and Sealing

For federal convictions, expungement and sealing options are more limited. But the First Step Act of 2018 created opportunities for some minor drug offenses to be sealed or expunged.

This can help restore access to jobs, business loans, and income sources. Nonprofits like CCRC offer resources on navigating the federal record clearing process.

Pardons and Clemency

In New York, people convicted of felonies can apply for a pardon after 5-10 years. This removes some collateral consequences and symbolizes forgiveness.

Pardons don’t expunge records, but they can show rehabilitation. This may improve access to employment and occupational licensing.

The governor can also grant clemency to commute sentences or fully pardon state convictions. Clemency provides the broadest relief possible.

Advocacy groups like the NYCLU can help deserving individuals apply for pardons and clemency.

Loss of Income Lawsuits

If loss of income resulted directly from unlawful discrimination or negligence, a lawsuit may be possible. Discrimination against employees with records is illegal if unrelated to job duties.

Lawsuits require concrete evidence of misconduct and resulting financial harm. If successful, they can recover some lost income, but the process is complex. Legal representation is essential.

Temporary Assistance

For immediate financial needs, programs like Temporary Assistance for Needy Families (TANF) provide cash benefits. Eligibility is limited to very low incomes, but this can help in the short term after incarceration.

Some other public benefits like SNAP food assistance are available with a felony drug conviction. Nonprofits can help apply and restore benefits after incarceration.

The Bottom Line

A criminal conviction should not permanently destroy someone’s income potential and economic mobility. While barriers exist, options like Certificates of Relief, record sealing, and rehabilitation programs can help restore lost income sources in New York.

Comprehensive reform is still needed to fully eliminate discrimination and create more inclusive opportunities. But specific legal remedies exist for those struggling to earn income after incarceration. There are always paths forward.