Obtaining Certificate of Relief After a NYC Criminal Conviction

Obtaining a Certificate of Relief After a NYC Criminal Conviction

If you have a criminal record in New York City, it can be really hard to move on with your life. Employers often won’t hire people with records. You can be denied access to government benefits. It can even be hard to find a place to live. A Certificate of Relief from Disabilities can help relieve some of the legal restrictions of a criminal conviction in NYC. This article explains what a Certificate of Relief is, who’s eligible, how to apply, and what it does and doesn’t do.

What is a Certificate of Relief?

A Certificate of Relief is basically an official document from a judge saying that your conviction shouldn’t be used against you for most purposes. It doesn’t erase or seal your criminal record, but it lifts certain “disabilities” or legal restrictions tied to having a record. For example, most private employers and occupational licensing agencies can’t legally discriminate against you for jobs or licenses just because you have a conviction, if you have a Certificate of Relief. There are different types of Certificates:

• Certificate of Relief from Disabilities – lifts penalties and disabilities from a conviction.
• Certificate of Good Conduct – recognizes your rehabilitation for one or more convictions.

You apply for them the same way. This article focuses on Certificates of Relief.

Who’s Eligible for a Certificate of Relief in NYC?

You may be able to get a Certificate of Relief if:

• You were convicted of a crime in NYC (or of a NY State offense committed in NYC)
• You have no more than 1 felony conviction
• You have no more than 1 misdemeanor conviction in the past 5 years

There are a few other technical eligibility rules, like you can’t have an active warrant or pending felony charges. You also may need to show a period of good conduct after your conviction. But generally if you meet the above criteria, you can probably apply.

How to Apply for a Certificate of Relief in NYC

To apply for a Certificate of Relief in NYC, you need to:

1. Get the application form and fill it out.
2. Get copies of rap sheets, case dispositions, and other records about your conviction(s).
3. Write a personal statement explaining why you deserve relief.
4. Get 2-3 recommendation letters from people who know your rehabilitation.
5. Make copies of everything.
6. File the original application and documents in the county where you were convicted.

The process sounds really formal, but you don’t need a lawyer. Just follow the instructions and be detailed. Explain how you’ve changed and why you deserve a second chance. If the judge approves, you’ll get a signed Certificate of Relief lifting disabilities from your conviction (in most cases).

What Does a Certificate of Relief Do in NYC?

If you get approved for a Certificate of Relief in NYC, it prevents most public and private employers, occupational licensing agencies, and housing authorities from discriminating against you just for having a conviction. For example:

• Public employers like city agencies usually can’t deny you a job or license solely because of your conviction.
• Most private employers also can’t deny you a job only because of your conviction.
• Most occupational licensing boards can’t deny you a professional license based just on your conviction.
• NYCHA and most private landlords can’t reject your rental application only due to your conviction.

There are some exceptions where employers and agencies can still consider your conviction despite a Certificate of Relief, but in most cases it prevents automatic rejection. It basically gives you a chance to be individually evaluated.

What a Certificate of Relief Does NOT Do in NYC

While a Certificate of Relief lifts many penalties of a conviction, there are some important things it does NOT do:

• It does not erase, seal, or expunge your criminal record. Your conviction still shows up on background checks.
• It does not prevent criminal justice agencies like police and prosecutors from seeing your record.
• It does not restore your gun rights if you lost them.
• It does not allow you to deny you have a conviction if asked.
• It does not prevent some employers like law enforcement agencies, schools, and hospitals from considering your conviction.
• It does not restore your eligibility for some professional licenses.

So a Certificate of Relief does not make your conviction disappear. It just removes penalties and disabilities from it in many cases. You still need to be honest about your past. But it can open doors that might otherwise be closed.

How a Certificate of Relief Helps with Employment and Occupational Licensing

Two major ways a Certificate of Relief can help are by improving your job prospects and helping you get occupational licenses for careers that require them.

Employment

Most private employers in NYC cannot deny you a job solely because of your conviction if you have a Certificate of Relief. There are exceptions for jobs like law enforcement, schools, hospitals, transportation, and childcare. But for most jobs, employers have to individually assess you rather than automatically rejecting you if you have a Certificate. They can still consider your conviction, but it can’t be the only reason they deny you a job. This gives you a fair chance.

Occupational Licensing

Many careers require special licenses, like security guard, home health aide, real estate broker, and more. Normally, having a conviction makes you ineligible for these licenses. But if you have a Certificate of Relief, most occupational licensing agencies have to consider granting you an individual waiver to get the license despite your record. They don’t have to give you the license, but they have to at least consider you case-by-case rather than automatically rejecting you. This can open doors to licensed professions you might otherwise be barred from.

Should You Apply for a Certificate of Relief?

If you meet the eligibility criteria, applying for a Certificate of Relief can be extremely helpful, but it’s smart to consider:

• It takes time, effort, and paperwork to apply.
• There’s no guarantee your application will be approved – it’s up to the judge.
• It doesn’t hide your conviction from employers/agencies who can still see your background check.
• It doesn’t restore all rights lost with a conviction.

But it can significantly improve your opportunities in NYC despite having a record. For most people with convictions, it’s worth applying if eligible. The benefits usually outweigh the effort, and a denial isn’t the end of the world. Just be sure you fully understand what it does and does not do before deciding to apply.

Other Ways to Overcome a Criminal Record in NYC

In addition to a Certificate of Relief, some other options that may help overcome a criminal record in NYC include:

• Record Sealing – In some cases, you may be able to seal your NY criminal record from public view after a period of time. This can help with housing, employment, etc.
• Occupational Licensing Waivers – Some licensing agencies will grant waivers for people with convictions if you show rehabilitation. A Certificate of Relief helps but is not required.
• NYC Fair Chance Act – This law limits when NYC employers can ask about or consider conviction histories during hiring. Can improve job prospects.
• Workforce Development Programs – Many organizations like The Fortune Society offer job training, career services, and support for those with records.
• Expungement – In very limited cases, you may be able to apply to erase a conviction from your criminal record.

Speak to an advocate to understand all options available to you. Overcoming a criminal record takes time but resources are out there to remove barriers and help you move forward.

Conclusion

If you have a criminal conviction from NYC holding you back, applying for a Certificate of Relief can be extremely helpful by lifting many legal penalties tied to having a record. Just be sure you understand what it does and does not do. It won’t erase your conviction, but it can open doors to jobs, licenses, housing and other opportunities you might otherwise be denied. Speak to an advocate about whether a Certificate of Relief makes sense for your situation.

Sources

NY Courts – Certificates of Relief from Disabilities and Good Conduct
NYC Bar – How to Apply for Certificates of Relief in New York City
Legal Action Center – New York State Certificate of Relief Guide
Community Service Society – Certificate of Relief in New York: An Important Rehabilitation Tool