A. 4923--A 2
ture or disability, or to remove any bar to his employment, automat-
ically 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. [Provided,
however, that no such certificate shall apply, or be construed so as to
apply, to the right of such person to retain or to be eligible for
public office.]
2. Notwithstanding any other provision of law, except subdivision five
of section twenty-eight hundred six of the public health law or para-
graph (b) of subdivision two of section eleven hundred ninety-three of
the vehicle and traffic law, a conviction of a crime or of an offense
specified in a certificate of [relief from disabilities] RESTORATION
shall not cause automatic forfeiture of any license, other than a
license issued pursuant to section 400.00 of the penal law to a person
convicted of a class A-I felony or a violent felony offense, as defined
in subdivision one of section 70.02 of the penal law, permit, employ-
ment, or franchise, including the right to register for or vote at an
election, or automatic forfeiture of any other right or privilege, held
by the eligible offender and covered by the certificate. Nor shall such
conviction be deemed to be a conviction within the meaning of any
provision of law that imposes, by reason of a conviction, a bar to any
employment, a disability to exercise any right, or a disability to apply
for or to receive any license, permit, or other authority or privilege
covered by the certificate; provided, however, that a conviction for a
second or subsequent violation of any subdivision of section eleven
hundred ninety-two of the vehicle and traffic law committed within the
preceding ten years shall impose a disability to apply for or receive an
operator's license during the period provided in such law; and provided
further, however, that a conviction for a class A-I felony or a violent
felony offense, as defined in subdivision one of section 70.02 of the
penal law, shall impose a disability to apply for or receive a license
or permit issued pursuant to section 400.00 of the penal law. A certif-
icate of [relief from a disability] RESTORATION imposed pursuant to
subparagraph (v) of paragraph b of subdivision two and paragraphs i and
j of subdivision six of section five hundred ten of the vehicle and
traffic law may only be issued upon a determination that compelling
circumstances warrant such relief.
3. A certificate of [relief from disabilities] RESTORATION shall not,
however, in any way prevent any judicial, administrative, licensing or
other body, board or authority from relying upon the conviction speci-
fied therein as the basis for the exercise of its discretionary power to
suspend, revoke, refuse to issue or refuse to renew any license, permit
or other authority or privilege.
S 3. Subdivision 2 of section 701 of the correction law, as amended by
section 3 of chapter 235 of the laws of 2007, is amended to read as
follows:
2. Notwithstanding any other provision of law, except subdivision five
of section twenty-eight hundred six of the public health law or para-
graph (b) of subdivision two of section eleven hundred ninety-three of
the vehicle and traffic law, a conviction of a crime or of an offense
specified in a certificate of [relief from disabilities] RESTORATION
shall not cause automatic forfeiture of any license, other than a
license issued pursuant to section 400.00 of the penal law to a person
convicted of a class A-I felony or a violent felony offense, as defined
in subdivision one of section 70.02 of the penal law, permit, employ-
A. 4923--A 3
ment, or franchise, including the right to register for or vote at an
election, or automatic forfeiture of any other right or privilege, held
by the eligible offender and covered by the certificate. Nor shall such
conviction be deemed to be a conviction within the meaning of any
provision of law that imposes, by reason of a conviction, a bar to any
employment, a disability to exercise any right, or a disability to apply
for or to receive any license, permit, or other authority or privilege
covered by the certificate; provided, however, that a conviction for a
second or subsequent violation of any subdivision of section eleven
hundred ninety-two of the vehicle and traffic law committed within the
preceding ten years shall impose a disability to apply for or receive an
operator's license during the period provided in such law; and provided
further, however, that a conviction for a class A-I felony or a violent
felony offense, as defined in subdivision one of section 70.02 of the
penal law, shall impose a disability to apply for or receive a license
or permit issued pursuant to section 400.00 of the penal law.
S 4. Section 702 of the correction law, as amended by chapter 342 of
the laws of 1972, the section heading as amended by chapter 931 of the
laws of 1976, subdivision 3 as amended by chapter 134 of the laws of
1985 and subdivision 6 as amended by chapter 720 of the laws of 2006, is
amended to read as follows:
S 702. Certificates of [relief from disabilities] RESTORATION issued
by courts. 1. Any court of this state [may, in its discretion,] SHALL,
ABSENT A FINDING THAT ISSUANCE OF SUCH CERTIFICATE WILL JEOPARDIZE
PUBLIC SAFETY, issue a certificate of [relief from disabilities] RESTO-
RATION AT THE TIME OF SENTENCING to an eligible offender for a
conviction that occurred in such court, if the court [either (a) imposed
a revokable sentence or (b)] imposed a sentence other than one executed
by commitment to an institution under the jurisdiction of the state
department of correctional services. Such certificate [may be] issued
[(i)] at the time sentence is pronounced[, in which case it] may grant
relief from forfeitures as well as from disabilities[, or (ii) at any
time thereafter, in which case it shall apply only to disabilities].
WHERE THE COURT FINDS THAT ISSUANCE OF THE CERTIFICATE AT SENTENCING
WILL JEOPARDIZE PUBLIC SAFETY, SUCH CERTIFICATE SHALL BE ISSUED AS
FOLLOWS:
(A) FOR AN OFFENDER WHO RECEIVES A REVOCABLE SENTENCE, SUCH OFFENDER
SHALL BE ISSUED SUCH CERTIFICATE AFTER SERVING ONE YEAR OF SUCH REVOCA-
BLE SENTENCE IMPOSED BY THE COURT PROVIDED THAT SUCH OFFENDER HAS NOT
BEEN CONVICTED OF A NEW CRIME DURING THAT TIME AND IS NOT THE SUBJECT OF
AN UNDISPOSED ARREST. SUCH CERTIFICATE SHALL APPLY ONLY TO DISABILITIES.
IN ORDER TO RECEIVE SUCH A CERTIFICATE, THE ELIGIBLE OFFENDER MUST APPLY
TO THE COURT IN WHICH THEY WERE SENTENCED.
(B) FOR AN OFFENDER WHO RECEIVES A DEFINITE SENTENCE OF IMPRISONMENT,
SUCH OFFENDER SHALL BE ISSUED SUCH CERTIFICATE ONE YEAR AFTER RELEASE
FROM INCARCERATION PROVIDED THAT SUCH OFFENDER HAS NOT BEEN CONVICTED OF
A NEW CRIME DURING THAT TIME AND IS NOT THE SUBJECT OF AN UNDISPOSED
ARREST. SUCH CERTIFICATE SHALL APPLY ONLY TO DISABILITIES. IN ORDER TO
RECEIVE SUCH A CERTIFICATE, THE ELIGIBLE OFFENDER MUST APPLY TO THE
COURT IN WHICH THEY WERE SENTENCED.
IN CALCULATING THE ONE YEAR PERIODS UNDER PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE PERSON WAS INCAR-
CERATED FOR ANY REASON BETWEEN THE TIME OF CONVICTION AND THE DATE ON
WHICH THE ELIGIBLE OFFENDER BECOMES ELIGIBLE FOR A CERTIFICATE SHALL BE
EXCLUDED AND SUCH ONE YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
ODS EQUAL TO THE TIME SERVED UNDER SUCH INCARCERATION.
A. 4923--A 4
2. [Such] THE RELIEF GRANTED BY SUCH certificate shall [not be issued
by the court unless the court 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] BE consistent with
the rehabilitation of the eligible offender[;] and
[(c) The relief to be granted by the certificate is] BE consistent
with the public interest.
3. [Where a certificate of relief from disabilities is not issued at
the time sentence is pronounced it shall only be issued thereafter upon
verified application to the court. The court may, for the purpose of
determining whether such certificate shall be issued, request its
probation service to conduct an investigation of the applicant, or if
the court has no probation service it may request the probation service
of the county court for the county in which the court is located to
conduct such investigation, or if there be no such probation service the
court may request the state director of probation and correctional
alternatives to arrange for such investigation. Any probation officer
requested to make an investigation pursuant to this section shall
prepare and submit to the court a written report in accordance with such
request.
4.] Where the court has imposed a revokable sentence and the certif-
icate of [relief from disabilities] RESTORATION is issued prior to the
expiration or termination of the time which the court may revoke such
sentence, the certificate shall be deemed to be a temporary certificate
until such time as the court's authority to revoke the sentence has
expired or is terminated. While temporary, such certificate (a) may be
revoked by the court for violation of the conditions of the sentence,
and (b) shall be revoked by the court if it revokes the sentence and
commits the person to an institution under the jurisdiction of the state
department of correctional services. Any such revocation shall be upon
notice and after an opportunity to be heard. If the certificate is not
so revoked, it shall become a permanent certificate upon expiration or
termination of the court's authority to revoke the sentence.
[5] 4. Any court that has issued a certificate of [relief from disa-
bilities] RESTORATION may at any time issue a new certificate to enlarge
the relief previously granted, provided, however, that the provisions of
subdivisions one through [four] THREE of this section shall apply to the
issuance of any such new certificate.
[6] 5. Any written report submitted to the court [pursuant to] FOR THE
PURPOSES OF this section is confidential and may not be made available
to any person or public or private agency except where specifically
required or permitted by statute or upon specific authorization of the
court. However, upon the court's receipt of such report, the court shall
provide a copy of such report, or direct that such report be provided to
the applicant's attorney, or the applicant himself, if he has no attor-
ney. In its discretion, the court may except from disclosure a part or
parts of the report which are not relevant to the granting of a certif-
icate, or sources of information which have been obtained on a promise
of confidentiality, or any other portion thereof, disclosure of which
would not be in the interest of justice. The action of the court except-
ing information from disclosure shall be subject to appellate review.
The court, in its discretion, may hold a conference in open court or in
chambers to afford an applicant an opportunity to controvert or to
comment upon any portions of the report. The court may also conduct a
A. 4923--A 5
summary hearing at the conference on any matter relevant to the granting
of the application and may take testimony under oath.
S 5. Section 703 of the correction law, as amended by chapter 342 of
the laws of 1972, the section heading as amended by chapter 931 of the
laws of 1976, subdivision 1 as amended by chapter 475 of the laws of
1974 and subdivision 6 as added by chapter 378 of the laws of 1988, is
amended to read as follows:
S 703. Certificates of [relief from disabilities] RESTORATION issued
by the board of parole. 1. The state board of parole shall [have the
power to] issue a certificate of [relief from disabilities] RESTORATION
to:
(a) any eligible offender who has been committed to an institution
under the jurisdiction of the state department of correctional services
WHO SUCCESSFULLY EARNED MERIT TIME OR A CERTIFICATE OF EARNED ELIGIBIL-
ITY DURING THEIR PERIOD OF INCARCERATION. Such certificate [may] SHALL
be issued by the board at the time the offender is released from such
institution under the board's supervision [or otherwise or at any time
thereafter]. IF SUCH ELIGIBLE OFFENDER DID NOT EARN MERIT TIME OR A
CERTIFICATE OF EARNED ELIGIBILITY, THE BOARD SHALL ISSUE SUCH CERTIF-
ICATE AT THE TIME OF SUCH ELIGIBLE OFFENDER'S RELEASE FROM PRISON UNLESS
IT IS DETERMINED THAT THE ISSUANCE OF SUCH CERTIFICATE WOULD JEOPARDIZE
PUBLIC SAFETY. IF SUCH CERTIFICATE IS NOT ISSUED UPON SUCH ELIGIBLE
OFFENDER'S RELEASE FROM PRISON, SUCH OFFENDER SHALL BE ISSUED A CERTIF-
ICATE BY THE BOARD OF PAROLE AFTER TWO YEARS OF UNREVOKED PAROLE, CONDI-
TIONAL RELEASE OR POST-RELEASE SUPERVISION. SUCH INDIVIDUAL SHALL APPLY
TO THE BOARD OF PAROLE IN ORDER TO RECEIVE SUCH CERTIFICATE.
IN CALCULATING THE TWO YEAR PERIOD UNDER THIS PARAGRAPH, ANY PERIOD OF
TIME DURING WHICH THE PERSON WAS INCARCERATED FOR ANY REASON BETWEEN THE
TIME OF CONVICTION AND THE DATE ON WHICH THE ELIGIBLE OFFENDER BECOMES
ELIGIBLE FOR A CERTIFICATE SHALL BE EXCLUDED AND SUCH TWO YEAR PERIOD
SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED UNDER
SUCH INCARCERATION;
(b) any eligible offender who resides within this state and whose
judgment of conviction was rendered by a court in any other jurisdiction
WHERE SUCH ELIGIBLE OFFENDER APPLIES FOR SUCH CERTIFICATE, IS NOT INCAR-
CERATED AT THE TIME OF THE APPLICATION AND IS NOT SUBJECT TO AN UNDIS-
POSED ARREST, UNLESS THE BOARD DETERMINES THAT THE ISSUANCE OF SUCH
CERTIFICATE WOULD JEOPARDIZE PUBLIC SAFETY. IF A CERTIFICATE OF RESTORA-
TION IS NOT ISSUED AT THE TIME OF THE APPLICATION, THE BOARD SHALL ISSUE
A CERTIFICATE TO SUCH ELIGIBLE OFFENDER ONE YEAR AFTER THE DATE OF THE
APPLICATION WHERE THE JUDGMENT OF CONVICTION WAS FOR A MISDEMEANOR AND
TWO YEARS AFTER THE DATE OF THE APPLICATION WHERE THE JUDGMENT OF
CONVICTION WAS FOR A FELONY, PROVIDED THAT SUCH OFFENDER HAS NOT BEEN
CONVICTED OF A NEW CRIME AND IS NOT THE SUBJECT OF AN UNDISPOSED ARREST.
2. Where the board of parole has issued a certificate of [relief from
disabilities] RESTORATION, the board may at any time issue a new certif-
icate enlarging the relief previously granted.
3. The RELIEF GRANTED BY THE board of parole [shall not issue any] IN
A certificate of [relief from disabilities] RESTORATION pursuant to
[subdivisions] SUBDIVISION one or two[, unless the board 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] OF THIS SECTION
SHALL BE consistent with the rehabilitation of the eligible offender[;]
and
A. 4923--A 6
[(c) The relief to be granted by the certificate is] BE consistent
with the public interest.
4. Any certificate of [relief from disabilities] RESTORATION issued by
the board of parole to an eligible offender who at time of the issuance
of the certificate is under the board's supervision, shall be deemed to
be a temporary certificate until such time as the eligible offender is
discharged from the board's supervision, and, while temporary, such
certificate may be revoked by the board for violation of the conditions
of parole or release. Revocation shall be upon notice to the parolee,
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 board's
jurisdiction over the offender.
5. In granting or revoking a certificate of [relief from disabili-
ties] RESTORATION the action of the board of parole shall be by unani-
mous vote of the members authorized to grant or revoke parole. Such
action 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 board may conduct an investigation of the applicant.
S 6. Section 703-a of the correction law is REPEALED.
S 7. Section 703-b of the correction law is REPEALED.
S 8. Section 704 of the correction law, as added by chapter 654 of the
laws of 1966, is amended to read as follows:
S 704. Effect of revocation; use of revoked certificate. 1. Where a
certificate of [relief from disabilities] RESTORATION is deemed to be
temporary and such certificate is revoked, disabilities and forfeitures
thereby relieved shall be reinstated as of the date upon which the
person to whom the certificate was issued receives written notice of
such revocation. Any such person shall upon receipt of such notice
surrender the certificate to the issuing court or board.
2. A person who knowingly uses or attempts to use, a revoked certif-
icate of [relief from disabilities] RESTORATION in order to obtain or to
exercise any right or privilege that he would not be entitled to obtain
or to exercise without a valid certificate shall be guilty of a misde-
meanor.
3. WHERE A CERTIFICATE OF RESTORATION HAS BEEN REVOKED, THE OFFENDER
SHALL BE ELIGIBLE FOR A NEW CERTIFICATE IN ACCORDANCE WITH SECTIONS
SEVEN HUNDRED TWO AND SEVEN HUNDRED THREE OF THIS ARTICLE AS APPLICABLE.
S 9. Section 705 of the correction law, as added by chapter 654 of the
laws of 1966, subdivision 1 as amended by chapter 193 of the laws of
1991, is amended to read as follows:
S 705. Forms and filing. 1. All applications, certificates and orders
of revocation necessary for the purposes of this article shall be upon
forms prescribed pursuant to agreement among the state commissioner of
correctional services, the chairman of the state board of parole and the
administrator of the state judicial conference. Such forms relating to
certificates of [relief from disabilities] RESTORATION shall be distrib-
uted by the director of the state division of probation and correctional
alternatives and [forms relating to certificates of good conduct shall
be distributed] by the chairman of the board of parole.
2. Any court or board issuing or revoking any certificate pursuant to
this article shall immediately file a copy of the certificate, or of the
order of revocation, with the New York state identification and intelli-
gence system.
A. 4923--A 7
S 10. Clause 1 of paragraph c of subdivision 2 of section 435 of the
executive law, as amended by chapter 371 of the laws of 1974, is amended
to read as follows:
(1) a person convicted of a crime who has not received a pardon[,] OR
a certificate of [good conduct or a certificate of relief from disabili-
ties] RESTORATION;
S 11. Subdivision (h) of section 130 of the executive law, as amended
by chapter 680 of the laws of 1967, is amended to read as follows:
(h) vagrancy or prostitution, and who has not subsequent to such
conviction received an executive pardon therefor or a certificate of
[good conduct from the parole board] RESTORATION PURSUANT TO ARTICLE
TWENTY-THREE OF THE CORRECTION LAW to remove the disability under this
section because of such conviction.
S 12. Subdivision 3 of section 175 of the executive law, as amended by
chapter 43 of the laws of 2002, is amended to read as follows:
3. Upon a showing by the attorney general in an application for an
injunction that any person engaged in solicitation has been convicted in
this state or elsewhere of a felony or of a misdemeanor involving the
misappropriation, misapplication or misuse of the money or property of
another, and who has not, subsequent to such conviction, received execu-
tive pardon therefor or a certificate of [good conduct from the parole
board] RESTORATION PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION
LAW, the supreme court, after a hearing, may enjoin such person from
engaging in any solicitation.
S 13. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
amended by chapter 276 of the laws of 1986, is amended to read as
follows:
(c) If a person convicted of a felony or crime deemed hereby to be a
felony is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States, or shall
receive a certificate of [good conduct granted by the board of parole
pursuant to the provisions of the executive] RESTORATION PURSUANT TO
ARTICLE TWENTY-THREE OF THE CORRECTION law for the purpose of removing
the disability under this section because of such conviction, the tax
commission may, in its discretion, on application of such person and
compliance with subdivision two of this section, and on the submission
to it of satisfactory evidence of good moral character and suitability,
again register such person as a distributor under this article.
S 14. Subdivision 2 of section 102 of the alcoholic beverage control
law, as amended by chapter 340 of the laws of 1972, is amended to read
as follows:
2. No person holding any license hereunder, other than a license to
sell an alcoholic beverage at retail for off-premises consumption, shall
knowingly employ in connection with his business in any capacity whatso-
ever, any person, who has been convicted of a felony, or any of the
following offenses, who has not subsequent to such conviction received
an executive pardon therefor removing any civil disabilities incurred
thereby, a certificate of [good conduct] RESTORATION or other relief
from disabilities provided by law, or the written approval of the state
liquor authority permitting such employment, to wit:
(a) Illegally using, carrying or possessing a pistol or other danger-
ous weapon;
(b) Making or possessing burglar's instruments;
(c) Buying or receiving or criminally possessing stolen property;
(d) Unlawful entry of a building;
(e) Aiding escape from prison;
A. 4923--A 8
(f) Unlawfully possessing or distributing habit forming narcotic
drugs;
(g) Violating subdivisions six, eight, ten or eleven of section seven
hundred twenty-two of the former penal law as in force and effect imme-
diately prior to September first, nineteen hundred sixty-seven, or
violating [sections] SECTION 165.25, 165.30 or subdivision three of
section 240.35 of the penal law;
(h) Vagrancy or prostitution; or
(i) Ownership, operation, possession, custody or control of a still
subsequent to July first, nineteen hundred fifty-four.
If, as hereinabove provided, the state liquor authority issues its
written approval for the employment by a licensee, in a specified capac-
ity, of a person previously convicted of a felony or any of the offenses
above enumerated, such person, may, unless he is subsequently convicted
of a felony or any of such offenses, thereafter be employed in the same
capacity by any other licensee without the further written approval of
the authority unless the prior approval given by the authority is termi-
nated.
The liquor authority may make such rules as it deems necessary to
carry out the purpose and intent of this subdivision.
S 15. Paragraph (d) of subdivision 1 of section 110 of the alcoholic
beverage control law, as amended by chapter 114 of the laws of 2000, is
amended to read as follows:
(d) A statement that such applicant or the applicant's spouse has not
been convicted of a crime addressed by the provisions of section one
hundred twenty-six of this article which would forbid the applicant
(including any officers, directors, shareholders or partners listed in
the statement of identity under paragraph (a) of this subdivision or the
spouse of such person) or the applicant's spouse to traffic in alcoholic
beverages, a statement whether or not the applicant (including any offi-
cers, directors, shareholders or partners listed in the statement of
identity under paragraph (a) of this subdivision or the spouse of any
such person) or the applicant's spouse is an official described in
section one hundred twenty-eight of this article, and a description of
any crime that the applicant (including any officers, directors, share-
holders or partners listed under paragraph (a) of this subdivision or
the spouse of any such person) or the applicant's spouse has been
convicted of and whether such person has received a pardon, certificate
of [good conduct or certificate of relief from disabilities]
RESTORATION; provided, however, that no person shall be denied any
license solely on the grounds that such person is the spouse of a person
otherwise disqualified from holding a license under this chapter.
S 16. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
age control law, subdivisions 1 and 4 as amended by chapter 366 of the
laws of 1992 and subdivision 1-a as amended by chapter 367 of the laws
of 1992, are amended to read as follows:
1. Except as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors mentioned
in section eleven hundred forty-six of the former penal law as in force
and effect immediately prior to September first, nineteen hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal law, unless subsequent to such conviction such person shall have
received an executive pardon therefor removing this disability, a
certificate of [good conduct granted by the board of parole, or a
certificate of relief from disabilities] RESTORATION granted by the
board of parole or a court of this state pursuant to the provisions of
A. 4923--A 9
article twenty-three of the correction law to remove the disability
under this section because of such conviction.
1-a. Notwithstanding the provision of subdivision one of this section,
a corporation holding a license to traffic in alcoholic beverages shall
not, upon conviction of a felony or any of the misdemeanors or offenses
described in subdivision one of this section, be automatically forbidden
to traffic in alcoholic beverages, but the application for a license by
such a corporation shall be subject to denial, and the license of such a
corporation shall be subject to revocation or suspension by the authori-
ty pursuant to section one hundred eighteen of this chapter, consistent
with the provisions of article twenty-three-A of the correction law. For
any felony conviction by a court other than a court of this state, the
authority may request the board of parole to investigate and review the
facts and circumstances concerning such a conviction, and the board of
parole shall, if so requested, submit its findings to the authority as
to whether the corporation has conducted itself in a manner such that
discretionary review by the authority would not be inconsistent with the
public interest. The division of parole may charge the licensee or
applicant a fee equivalent to the expenses of an appropriate investi-
gation under this subdivision. For any conviction rendered by a court of
this state, the authority may request the corporation, if the corpo-
ration is eligible for a certificate of [relief from disabilities]
RESTORATION, to seek such a certificate [from the court which rendered
the conviction] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THE
CORRECTION LAW and to submit such a certificate as part of the authori-
ty's discretionary review process.
4. A copartnership or a corporation, unless each member of the part-
nership, or each of the principal officers and directors of the corpo-
ration, is a citizen of the United States or an alien lawfully admitted
for permanent residence in the United States, not less than twenty-one
years of age, and has not been convicted of any felony or any of the
misdemeanors, specified in section eleven hundred forty-six of the
former penal law as in force and effect immediately prior to September
first, nineteen hundred sixty-seven, or of an offense defined in section
230.20 or 230.40 of the penal law, or if so convicted has received,
subsequent to such conviction, an executive pardon therefor removing
this disability, a certificate of [good conduct granted by the board of
parole, or a certificate of relief from disabilities] RESTORATION grant-
ed by the board of parole or a court of this state pursuant to the
provisions of article twenty-three of the correction law to remove the
disability under this section because of such conviction; provided
however that a corporation which otherwise conforms to the requirements
of this section and chapter may be licensed if each of its principal
officers and more than one-half of its directors are citizens of the
United States or aliens lawfully admitted for permanent residence in the
United States; and provided further that a corporation organized under
the not-for-profit corporation law or the education law which otherwise
conforms to the requirements of this section and chapter may be licensed
if each of its principal officers and more than one-half of its direc-
tors are not less than twenty-one years of age and none of its directors
are less than eighteen years of age; and provided further that a corpo-
ration organized under the not-for-profit corporation law or the educa-
tion law and located on the premises of a college as defined by section
two of the education law which otherwise conforms to the requirements of
this section and chapter may be licensed if each of its principal offi-
cers and each of its directors are not less than eighteen years of age.
A. 4923--A 10
S 17. Subdivision 4 of section 96-z-3 of the agriculture and markets
law, as added by chapter 391 of the laws of 1968, is amended to read as
follows:
(4) applicant, an officer, director, partner, or holder of ten per
centum or more of the voting stock of an applicant has been convicted of
a felony by a court of the United States or any state or territory ther-
eof, without subsequent pardon by the governor or other appropriate
authority of the state or jurisdiction in which such conviction
occurred, or the receipt of either a certificate of [good conduct from
the board of parole pursuant to the executive] RESTORATION PURSUANT TO
ARTICLE TWENTY-THREE OF THE CORRECTION law,
S 18. Paragraph (d) of subdivision 4 of section 129 of the agriculture
and markets law, as added by chapter 816 of the laws of 1974, is amended
to read as follows:
(d) The applicant or registrant, or an officer, director, partner or
holder of ten per centum or more of the voting stock of the applicant or
registrant, has been convicted of a felony by a court of the United
States or any state or territory thereof, without subsequent pardon by
the governor or other appropriate authority of the state or jurisdiction
in which such conviction occurred, or receipt of a certificate of [good
conduct from the board of parole] RESTORATION pursuant to ARTICLE TWEN-
TY-THREE OF the correction law;
S 19. Paragraph (c) of subdivision 2 of section 2897 of the public
health law, as added by chapter 569 of the laws of 1970, is amended to
read as follows:
(c) If a person convicted of a felony or crime deemed hereby to be a
felony is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States, or shall
receive a certificate of [good conduct granted by the board of parole]
RESTORATION pursuant to the provisions of ARTICLE TWENTY-THREE OF the
[executive] CORRECTION law for the purpose of removing the disability
under this section because of such conviction, the board may, in its
discretion, on application of such person, and on the submission to it
of satisfactory evidence, restore to such person the right to practice
nursing home administration in this state.
S 20. Section 3454 of the public health law is amended to read as
follows:
S 3454. Restoration of licenses after conviction of a felony. If a
person convicted of a felony or crime deemed to be a felony is subse-
quently pardoned by the governor of the state where such conviction was
had or by the president of the United States, or shall receive a certif-
icate of [good conduct granted by the board of parole] RESTORATION
pursuant to the provisions of ARTICLE TWENTY-THREE OF the [executive]
CORRECTION law to remove the disability under this section because of
such conviction, the commissioner may, in his discretion, on application
of such person, and on the submission to him of satisfactory evidence,
restore to such person the right to practice in this state.
S 21. Paragraph (a) of subdivision 2 of section 3510 of the public
health law, as added by chapter 175 of the laws of 2006, is amended to
read as follows:
(a) No person convicted of a felony shall continue to hold a license
to practice radiologic technology, unless he or she has been granted an
executive pardon, a certificate of [relief from disabilities or a
certificate of good conduct] RESTORATION for such felony and, the
commissioner, in his or her discretion, restores the license after
A. 4923--A 11
determining that the individual does not pose a threat to patient health
and safety.
S 22. Paragraph 1 of subdivision (a) of section 189-a of the general
municipal law, as added by chapter 574 of the laws of 1978, is amended
to read as follows:
(1) a person convicted of a crime who has not received a pardon, a
certificate of [good conduct or a certificate of relief from disabili-
ties] RESTORATION;
S 23. Paragraph (a) of subdivision 1 of section 191 of the general
municipal law, as amended by chapter 574 of the laws of 1978, is amended
to read as follows:
(a) Issuance of licenses to conduct games of chance. If such clerk or
department shall determine that the applicant is duly qualified to be
licensed to conduct games of chance under this article; that the member
or members of the applicant designated in the application to manage
games of chance are bona fide active members of the applicant and are
persons of good moral character and have never been convicted of a
crime, or, if convicted, have received a pardon, a certificate of [good
conduct or a certificate of relief from disabilities] RESTORATION; that
such games are to be conducted in accordance with the provisions of this
article and in accordance with the rules and regulations of the board
and applicable local laws or ordinances and that the proceeds thereof
are to be disposed of as provided by this article, and if such clerk or
department is satisfied that no commission, salary, compensation, reward
or recompense whatever will be paid or given to any person managing,
operating or assisting therein except as in this article otherwise
provided; it shall issue a license to the applicant for the conduct of
games of chance upon payment of a license fee of twenty-five dollars for
each license period.
S 24. Paragraph (a) of subdivision 1 of section 481 of the general
municipal law, as amended by chapter 328 of the laws of 1994, is amended
to read as follows:
(a) Issuance of licenses to conduct bingo. If the governing body of
the municipality shall determine that the applicant is duly qualified to
be licensed to conduct bingo under this article; that the member or
members of the applicant designated in the application to conduct bingo
are bona fide active members of the applicant and are persons of good
moral character and have never been convicted of a crime or, if
convicted, have received a pardon or a certificate of [good conduct]
RESTORATION; that such games are to be conducted in accordance with the
provisions of this article and in accordance with the rules and regu-
lations of the commission, and that the proceeds thereof are to be
disposed of as provided by this article, and if the governing body is
satisfied that no commission, salary, compensation, reward or recompense
whatever will be paid or given to any person holding, operating or
conducting or assisting in the holding, operation and conduct of any
such games except as in this article otherwise provided; and that no
prize will be offered and given in excess of the sum or value of one
thousand dollars in any single game and that the aggregate of all prizes
offered and given in all of such games conducted on a single occasion,
under said license shall not exceed the sum or value of three thousand
dollars, it shall issue a license to the applicant for the conduct of
bingo upon payment of a license fee of eighteen dollars and seventy-five
cents for each bingo occasion; provided, however, that the governing
body shall refuse to issue a license to an applicant seeking to conduct
bingo in premises of a licensed commercial lessor where it determines
A. 4923--A 12
that the premises presently owned or occupied by said applicant are in
every respect adequate and suitable for conducting bingo games.
S 25. Paragraph (a) of subdivision 9 of section 476 of the general
municipal law, as amended by chapter 1057 of the laws of 1965, is
amended to read as follows:
(a) a person convicted of a crime who has not received a pardon or a
certificate of [good conduct] RESTORATION;
S 26. Paragraph b of subdivision 5 of section 84-a of the town law, as
amended by chapter 281 of the laws of 1998, is amended to read as
follows:
b. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the special town election; that I will have been a resident of this
state and of the town shown on the reverse side of this envelope for
thirty days next preceding the said election; that I am or on such date
will be, a registered voter of said town; that I will be unable to
appear personally on the day of said special town election at the poll-
ing place of the election district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
special town election, and have not made any promise to influence the
giving or withholding of any such votes; that I have not made or become
directly or indirectly interested in any bet or wager depending upon the
result of this special town election; and that I have not been convicted
of bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of [good conduct]
RESTORATION granted by the board of parole OR SENTENCING COURT pursuant
to the provisions of [the executive law] ARTICLE TWENTY-THREE OF THE
CORRECTION LAW removing my disability to register and vote OR MY MAXIMUM
SENTENCE OF IMPRISONMENT HAS EXPIRED.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date.............. Signature of Voter..................
S 27. Paragraph b of subdivision 5 of section 175-b of the town law,
as amended by chapter 401 of the laws of 1996, is amended to read as
follows:
b. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident of this state
and of the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that I am or on
such date will be, a registered voter of said district; that I will be
A. 4923--A 13
unable to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly or indirectly interested in any bet or wager depending upon the
result of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of [good conduct]
RESTORATION granted by the board of parole OR SENTENCING COURT pursuant
to the provisions of ARTICLE TWENTY-THREE OF the [executive] CORRECTION
law removing my disability to register and vote OR MY MAXIMUM SENTENCE
OF IMPRISONMENT HAS EXPIRED.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date..............Signature of Voter..................
S 28. Paragraph b of subdivision 5 of section 213-b of the town law,
as added by chapter 400 of the laws of 1985, is amended to read as
follows:
b. On the reverse side of such envelope shall be printed the follow-
ing statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident of this state
and of the district if any, shown on the reverse side of this envelope
for thirty days next preceding the said election and that I am or on
such date will be, a registered voter of said district; that I will be
unable to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a qualified
voter because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed, offered or promised to contribute to
another to be paid or used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote at this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly or indirectly interested in any bet or wager depending upon the
result of this district election; and that I have not been convicted of
bribery or any infamous crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a certificate of [good conduct]
RESTORATION granted by the board of parole OR SENTENCING COURT pursuant
to the provisions of ARTICLE TWENTY-THREE OF the [executive] CORRECTION
A. 4923--A 14
law removing my disability to register and vote OR MY MAXIMUM SENTENCE
OF IMPRISONMENT HAS EXPIRED.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date............. Signature of Voter ..............................
S 29. Paragraph b of subdivision 5 of section 2018-a of the education
law, as amended by chapter 506 of the laws of 1991, is amended to read
as follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States, and will be at
least eighteen years of age, on the date of the school district
election; that I will have been a resident of this state and of the
school district and school election district, if any, shown on the
reverse side of this envelope for thirty days next preceding the said
election and duly registered in the school district and school election
district, if any, shown on the reverse side of this envelope and that I
am or on such date will be, a qualified voter of said school district;
that I will be unable to appear personally on the day of said school
district election at the polling place of the said district in which I
am or will be a qualified voter because of the reason stated on my
application heretofore submitted; that I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
have not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school district election; and
that I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the right of suffrage, or received
a certificate of [good conduct] RESTORATION granted by the board of
parole OR SENTENCING COURT pursuant to the provisions of ARTICLE TWEN-
TY-THREE OF the [executive] CORRECTION law removing my disability to
register and vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date.....................Signature of Voter ............................
S 30. Paragraph b of subdivision 6 of section 2018-b of the education
law, as amended by chapter 46 of the laws of 1992, is amended to read as
follows:
b. On the reverse side of such envelope shall be printed the following
statement:
A. 4923--A 15
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States, and will be at
least eighteen years of age on the date of the school district election;
that I will have been a resident of this state and of the school
district and school election district, if any, shown on the reverse side
of this envelope for thirty days next preceding the said election and
that I am or on such date will be, a qualified voter of said school
district; that I will be unable to appear personally on the day of said
school district election at the polling place of the said district in
which I am or will be a qualified voter because of the reason stated on
my application heretofore submitted; that I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
have not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school district election; and
that I have not been convicted of bribery [of] OR any infamous crime,
or, if so convicted, that I have been pardoned or restored to all the
rights of a citizen, without restriction as to the right of suffrage, or
have received a certificate of [good conduct] RESTORATION granted by the
board of parole OR SENTENCING COURT pursuant to the provisions of ARTI-
CLE TWENTY-THREE OF the [executive] CORRECTION law removing my disabili-
ty to vote OR MY MAXIMUM SENTENCE OF IMPRISONMENT HAS EXPIRED.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date....................Signature of Voter .............................
S 31. Subdivision 2 of section 69-o of the general business law, as
amended by chapter 575 of the laws of 1993, is amended to read as
follows:
2. After the filing of an applicant's fingerprint cards, the secretary
of state shall forward such fingerprints to the division of criminal
justice services to be compared with the fingerprints on file with the
division of criminal justice services in order to ascertain whether the
applicant has been convicted of a felony involving fraud, bribery,
perjury or theft pursuant to article one hundred forty, one hundred
fifty-five, one hundred sixty, one hundred sixty-five, one hundred
seventy, one hundred seventy-five, one hundred seventy-six, one hundred
eighty, one hundred eighty-five, one hundred ninety, one hundred nine-
ty-five, two hundred or two hundred ten of the penal law; or has a crim-
inal action which has been pending for such a felony for under one year
without a final disposition unless adjourned in contemplation of
dismissal; provided, however, that for the purposes of this article,
none of the following shall be considered criminal convictions or
reported as such:
(a) A conviction which has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the crimi-
nal procedure law, or the applicable provisions of law of any other
jurisdiction; or
A. 4923--A 16
(b) A conviction the records of which have been expunged or sealed
pursuant to the applicable provisions of the laws of this state or of
any other jurisdiction; or
(c) A conviction for which [a certificate of relief from disabilities
or] a certificate of [good conduct] RESTORATION has been issued pursuant
to ARTICLE TWENTY-THREE OF the correction law.
The division of criminal justice services shall retain the fingerprint
cards and return the report of such convictions or pending cases, if
any, to the secretary of state who shall retain them in a confidential
file for no more than one year, after which time such report shall be
destroyed.
The secretary of state shall deny the application of any individual
convicted of a felony involving fraud, bribery, perjury or theft pursu-
ant to article one hundred forty, one hundred fifty-five, one hundred
sixty, one hundred sixty-five, one hundred seventy, one hundred seven-
ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
y-five, one hundred ninety, one hundred ninety-five, two hundred or two
hundred ten of the penal law; or has a criminal action which has been
pending for such a felony for under one year without a final disposition
unless adjourned in contemplation of dismissal; provided, however, that
for the purposes of this article, none of the following shall be consid-
ered criminal convictions or reported as such:
(i) A conviction which has been vacated and replaced by a youthful
offender finding pursuant to article seven hundred twenty of the crimi-
nal procedure law, or the applicable provisions of law of any other
jurisdiction; or
(ii) A conviction the records of which have been expunged or sealed
pursuant to the applicable provisions of the laws of this state or of
any other jurisdiction; or
(iii) A conviction for which [a certificate of relief from disabili-
ties or] a certificate of [good conduct] RESTORATION has been issued
pursuant to ARTICLE TWENTY-THREE OF the correction law.
S 32. Subdivision 1 of section 81 of the general business law, as
amended by chapter 562 of the laws of 2000, is amended to read as
follows:
1. The holder of any license certificate issued pursuant to this arti-
cle may employ to assist him in his work of private detective or inves-
tigator or bail enforcement agent as described in section seventy-one OF
THIS ARTICLE and in the conduct of such business as many persons as he
may deem necessary, and shall at all times during such employment be
legally responsible for the good conduct in the business of each and
every person so employed.
No holder of any unexpired license certificate issued pursuant to this
article shall knowingly employ in connection with his or its business in
any capacity whatsoever, any person who has been convicted of a felony
or any of the offenses specified in subdivision two of section seventy-
four of this [chapter] ARTICLE, and who has not subsequent to such
conviction received executive pardon therefor removing this disability,
or received a certificate of [good conduct] RESTORATION granted by the
board of parole OR SENTENCING COURT pursuant to the provisions of ARTI-
CLE TWENTY-THREE OF the [executive] CORRECTION law to remove the disa-
bility under this section because of such a conviction, or any person
whose private detective or investigator's license or bail enforcement
agent's license was revoked or application for such license was denied
by the department of state or by the authorities of any other state or
territory because of conviction of any of such offenses. Should the
A. 4923--A 17
holder of an unexpired license certificate falsely state or represent
that a person is or has been in his employ, such false statement or
misrepresentation shall be sufficient cause for the revocation of such
license. Any person falsely stating or representing that he is or has
been a detective or employed by a detective agency or that he is or has
been a bail enforcement agent or employed by a bail enforcement agency
shall be guilty of a misdemeanor.
S 33. Paragraph 4 of subsection (d) of section 2108 of the insurance
law is amended to read as follows:
(4) This subsection shall not prevent the employment of or the issu-
ance of a license to any person who, subsequent to his conviction, shall
have received executive pardon therefor removing this disability, or who
has received a certificate of [good conduct] RESTORATION granted by the
board of parole OR SENTENCING COURT pursuant to the provisions of ARTI-
CLE TWENTY-THREE OF the [executive] CORRECTION law to remove the disa-
bility under this section because of such conviction or previous license
revocation occasioned thereby.
S 34. Subdivision 6 of section 369 of the banking law, as amended by
chapter 164 of the laws of 2003, is amended to read as follows:
6. The superintendent may refuse to issue a license pursuant to this
article if he shall find that the applicant, or any person who is a
director, officer, partner, agent, employee or substantial stockholder
of the applicant, (a) has been convicted of a crime in any jurisdiction
or (b) is associating or consorting with any person who has, or persons
who have, been convicted of a crime or crimes in any jurisdiction or
jurisdictions; provided, however, that the superintendent shall not
issue such a license if he shall find that the applicant, or any person
who is a director, officer, partner, agent, employee or substantial
stockholder of the applicant, has been convicted of a felony in any
jurisdiction or of a crime which, if committed within this state, would
constitute a felony under the laws thereof. For the purposes of this
article, a person shall be deemed to have been convicted of a crime if
such person shall have pleaded guilty to a charge thereof before a court
or magistrate, or shall have been found guilty thereof by the decision
or judgment of a court or magistrate or by the verdict of a jury, irre-
spective of the pronouncement of sentence or the suspension thereof,
unless such plea of guilty, or such decision, judgment or verdict, shall
have been set aside, reversed or otherwise abrogated by lawful judicial
process or unless the person convicted of the crime shall have received
a pardon therefor from the president of the United States or the gover-
nor or other pardoning authority in the jurisdiction where the
conviction was had, or shall have received a certificate of [good
conduct] RESTORATION granted by the board of parole OR SENTENCING COURT
pursuant to the provisions of ARTICLE TWENTY-THREE OF the [executive]
CORRECTION law to remove the disability under this article because of
such conviction. The term "substantial stockholder," as used in this
subdivision, shall be deemed to refer to a person owning or controlling
ten per centum or more of the total outstanding stock of the corporation
in which such person is a stockholder. In making a determination pursu-
ant to this subdivision, the superintendent shall require fingerprinting
of the applicant. Such fingerprints shall be submitted to the division
of criminal justice services for a state criminal history record check,
as defined in subdivision one of section three thousand thirty-five of
the education law, and may be submitted to the federal bureau of inves-
tigation for a national criminal history record check.
A. 4923--A 18
S 35. Paragraph (b) of subdivision 3 of section 599-c of the banking
law, as amended by chapter 553 of the laws of 2007, is amended to read
as follows:
(b) For the purposes of paragraph (a) of this subdivision, a person
shall be deemed to have been convicted of a crime if such person shall
have pled guilty to a charge thereof before a court or magistrate, or
shall have been found guilty thereof by the decision or judgment of a
court or magistrate or by the verdict of a jury, irrespective of the
pronouncement of sentence or the suspension thereof; provided, however,
such conviction of a crime shall not require the superintendent to
refuse to authorize such applicant, if such plea of guilty, or such
decision, judgment or verdict, shall have been set aside, reversed or
otherwise abrogated by lawful judicial process or unless the person
convicted of the crime shall have received a pardon therefor from the
president of the United States or the governor or other pardoning
authority in the jurisdiction where the conviction was had, or shall
have received a certificate of [good conduct] RESTORATION granted by the
board of parole OR SENTENCING COURT pursuant to the provisions of ARTI-
CLE TWENTY-THREE OF the [executive] CORRECTION law to remove the disa-
bility under this article because of such conviction. Notwithstanding
the foregoing, the superintendent shall consider the factors set forth
in section seven hundred fifty-three of the correction law when making a
determination to refuse to issue or renew, or to revoke or suspend an
authorization.
S 36. Paragraph 5 of subdivision a of section 265.20 of the penal law,
as amended by chapter 235 of the laws of 2007, is amended to read as
follows:
5. Possession of a rifle or shotgun by a person other than a person
who has been convicted of a class A-I felony or a violent felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who has been convicted as specified in subdivision four of section
265.01 OF THIS ARTICLE to whom a certificate of [good conduct] RESTORA-
TION has been issued [pursuant to section seven hundred three-b of the
correction law].
S 37. Section 751 of the correction law, as amended by chapter 284 of
the laws of 2007, is amended to read as follows:
S 751. Applicability. The provisions of this article shall apply to
any application by any person for a license or employment at any public
or private employer, who has previously been convicted of one or more
criminal offenses in this state or in any other jurisdiction, and to any
license or employment held by any person whose conviction of one or more
criminal offenses in this state or in any other jurisdiction preceded
such employment or granting of a license, except where a mandatory
forfeiture, disability or bar to employment is imposed by law, and has
not been removed by an executive pardon, certificate of [relief from
disabilities or certificate of good conduct] RESTORATION. Nothing in
this article shall be construed to affect any right an employer may have
with respect to an intentional misrepresentation in connection with an
application for employment made by a prospective employee or previously
made by a current employee.
S 38. Subdivision 2 of section 753 of the correction law, as added by
chapter 931 of the laws of 1976, is amended to read as follows:
2. In making a determination pursuant to section seven hundred fifty-
two of this [chapter] ARTICLE, the public agency or private employer
shall also give consideration to a certificate of [relief from disabili-
ties or a certificate of good conduct] RESTORATION issued to the appli-
A. 4923--A 19
cant, which certificate shall create a presumption of rehabilitation in
regard to the offense or offenses specified therein.
S 39. The closing paragraph of section 79-a of the civil rights law,
as amended by chapter 687 of the laws of 1973, is amended to read as
follows:
Nothing in this section shall be deemed to preclude the issuance of a
certificate of [good conduct] RESTORATION by the board of parole OR
SENTENCING COURT pursuant to law to a person who previously has been
sentenced to imprisonment for life.
S 40. The first undesignated paragraph of section 440-a of the real
property law, as amended by chapter 430 of the laws of 2008, is amended
to read as follows:
No person, co-partnership, limited liability company or corporation
shall engage in or follow the business or occupation of, or hold himself
or itself out or act temporarily or otherwise as a real estate broker or
real estate salesman in this state without first procuring a license
therefor as provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as an indi-
vidual or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over, a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States.
No person shall be entitled to a license as a real estate salesman under
this article unless he or she is over the age of eighteen years. No
person shall be entitled to a license as a real estate broker or real
estate salesman under this article who has been convicted in this state
or elsewhere of a felony, of a sex offense, as defined in subdivision
two of section one hundred sixty-eight-a of the correction law or any
offense committed outside of this state which would constitute a sex
offense, or a sexually violent offense, as defined in subdivision three
of section one hundred sixty-eight-a of the correction law or any
offense committed outside this state which would constitute a sexually
violent offense, and who has not subsequent to such conviction received
executive pardon therefor or a certificate of [good conduct] RESTORATION
from the parole board OR SENTENCING COURT, to remove the disability
under this section because of such conviction. No person shall be enti-
tled to a license as a real estate broker or real estate salesman under
this article who does not meet the requirements of section 3-503 of the
general obligations law.
S 41. Paragraph (a) of subdivision 1 of section 20-438 of the adminis-
trative code of the city of New York, is amended to read as follows:
(a) Issuance of licenses to conduct games of chance. If such depart-
ment shall determine that the applicant is duly qualified to be licensed
to conduct games of chance under this subchapter; that the members of
the applicant designated in the application to conduct games of chance
are bona fide active members of the applicant and are persons of good
moral character and have never been convicted of a crime, or, if
convicted, have received a pardon or a certificate of [good conduct]
RESTORATION; that such games are to be conducted in accordance with the
provisions of this subchapter and in accordance with the rules and regu-
lations of the board and that the proceeds thereof are to be disposed of
as provided by this subchapter; and if such department is satisfied that
no commission, salary, compensation, reward or recompense whatever will
be paid or given to any person holding, operating or conducting or
assisting in the holding, operation and conduct of any such games except
as in this subchapter otherwise provided; and that no prize will be
A. 4923--A 20
given in excess of the sum or value of one hundred dollars in any single
game and that the aggregate of all prizes given on one occasion, under
said license shall not exceed the sum or value of one thousand dollars,
the department shall issue a license to the applicant for the conduct of
games of chance upon payment of a license fee of twenty-five dollars for
each license period.
S 42. Paragraph (a) of subdivision 5 of section 2806 of the public
health law, as amended by chapter 584 of the laws of 1983, is amended to
read as follows:
(a) Except as provided in paragraphs (b) and (d) of this subdivision,
anything contained in this section or in a certificate of [relief from
disabilities] RESTORATION issued pursuant to article twenty-three of the
correction law to the contrary notwithstanding, a hospital operating
certificate of a hospital under control of a controlling person as
defined in paragraph (a) of subdivision twelve of section twenty-eight
hundred one-a of this [chapter] ARTICLE, or under control of any other
entity, shall be revoked upon a finding by the department that such
controlling person or any individual, member of a partnership or share-
holder of a corporation to whom or to which an operating certificate has
been issued, has been convicted of a class A, B or C felony, or a felony
related in any way to any activity or program subject to the regu-
lations, supervision, or administration of the department or of the
department of social services or in violation of the public officers law
in a court of competent jurisdiction in the state, or of a crime outside
the state which, if committed within the state, would have been a class
A, B or C felony or a felony related in any way to any activity or
program subject to the regulations, supervision, or administration of
the department or of the department of social services or in violation
of the public officers law.
S 43. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision
2 of section 509-c of the vehicle and traffic law, paragraph (a) of
subdivision 1 as amended by chapter 360 of the laws of 1986 and para-
graph (a) of subdivision 2 as added by chapter 675 of the laws of 1985,
are amended to read as follows:
(a) permanently, if that person has been convicted of or forfeited
bond or collateral which forfeiture order has not been vacated or the
subject of an order of remission upon a violation of section 130.30,
130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
offense committed under a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed outside of this state which would constitute a
violation of the aforesaid sections of the penal law, provided, however,
the provisions of this paragraph shall not apply to convictions, suspen-
sions or revocations or forfeitures of bonds for collateral upon any of
the charges listed in this paragraph for violations which occurred prior
to September first, nineteen hundred seventy-four committed by a person
employed as a bus driver on September first, nineteen hundred seventy-
four. However, such disqualification may be waived provided that five
years have expired since the applicant was discharged or released from a
sentence of imprisonment imposed pursuant to conviction of an offense
that requires disqualification under this paragraph and that the appli-
cant shall have been granted a certificate of [relief from disabilities]
RESTORATION as provided for in [section seven hundred one] ARTICLE TWEN-
TY-THREE of the correction law.
(a) permanently, if that person has been convicted of or forfeited
bond or collateral which forfeiture order has not been vacated or the
A. 4923--A 21
subject of an order of remission upon a violation committed prior to
September fifteenth, nineteen hundred eighty-five, of section 130.30,
130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
offense committed under a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed outside of this state which would constitute a
violation of the aforesaid sections of the penal law. However, such
disqualification may be waived provided that five years have expired
since the applicant was discharged or released from a sentence of impri-
sonment imposed pursuant to conviction of an offense that requires
disqualification under this paragraph and that the applicant shall have
been granted a certificate of [relief from disabilities] RESTORATION as
provided for in [section seven hundred one] ARTICLE TWENTY-THREE of the
correction law.
S 44. Paragraph (a) and subparagraph (i) of paragraph (b) of subdivi-
sion 1 and paragraphs (a) and (b) and subparagraph (i) of paragraph (c)
of subdivision 2 of section 509-cc of the vehicle and traffic law, para-
graph (a) and subparagraph (i) of paragraph (b) of subdivision 1, para-
graph (a) of subdivision 2 and subparagraph (i) of paragraph (c) of
subdivision 2, as added by chapter 675 of the laws of 1985 and paragraph
(b) of subdivision 2 as amended by chapter 360 of the laws of 1986, are
amended to read as follows:
(a) permanently, if that person
(i) has been convicted of or forfeited bond or collateral which
forfeiture order has not been vacated or the subject of an order of
remission upon a violation committed prior to September fifteenth, nine-
teen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50,
130.60, or 130.65 of the penal law, or an offense committed under a
former section of the penal law which would constitute a violation of
the aforesaid sections of the penal law or any offense committed outside
of this state which would constitute a violation of the aforesaid
sections of the penal law, provided, however, the provisions of this
subparagraph shall not apply to convictions, suspensions or revocations
or forfeitures of bonds for collateral upon any of the charges listed in
this subparagraph for violations which occurred prior to September
first, nineteen hundred seventy-four committed by a person employed as a
bus driver on September first, nineteen hundred seventy-four. However,
such disqualification may be waived provided that five years have
expired since the applicant was discharged or released from a sentence
of imprisonment imposed pursuant to conviction of an offense that
requires disqualification under this paragraph and that the applicant
shall have been granted a certificate of [relief from disabilities]
RESTORATION as provided for in [section seven hundred one] ARTICLE TWEN-
TY-THREE of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children to the
applicant's prospective employment, prior to granting such a certif-
icate; or
(ii) has been convicted of an offense listed in paragraph (a) of
subdivision four of this section that was committed on or after Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion may be waived by the commissioner provided that five years have
A. 4923--A 22
expired since the applicant was discharged or released from a sentence
of imprisonment imposed pursuant to conviction of an offense that
requires disqualification under this paragraph and that the applicant
shall have been granted a certificate of [relief from disabilities]
RESTORATION as provided for in [section seven hundred one] ARTICLE TWEN-
TY-THREE of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children, prior
to granting such a certificate; or
(iii) has been convicted of an offense listed in paragraph (b) of
subdivision four of this section that was committed on or after Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion shall be waived provided that five years have expired since the
applicant discharged or released from a sentence of imprisonment imposed
pursuant to conviction of an offense that requires disqualification
under this paragraph and that the applicant shall have been granted a
certificate of [relief from disabilities] RESTORATION as provided for in
[section seven hundred one] ARTICLE TWENTY-THREE of the correction law.
When the certificate is issued by a court for a conviction which
occurred in this state, it shall only be issued by the court having
jurisdiction over such conviction. Such certificate shall specifically
indicate that the authority granting such certificate has considered the
bearing, if any, the criminal offense or offenses for which the person
was convicted will have on the applicant's fitness or ability to operate
a bus transporting school children, prior to granting such a certif-
icate. Provided, however, that at the discretion of the commissioner,
the certificate of relief from disabilities may remove disqualification
at any time; or
(i) has been convicted within the preceding five years of an offense
listed in paragraph (c) of subdivision four of this section that was
committed on or after September fifteenth, nineteen hundred eighty-five.
However, such disqualification shall be waived provided that the appli-
cant has been granted a certificate of [relief from disabilities] RESTO-
RATION as provided for in [section seven hundred one] ARTICLE
TWENTY-THREE of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children, prior
to granting such a certificate;
(a) permanently, if that person has been convicted of an offense list-
ed in paragraph (a) of subdivision four of this section. However, such
disqualification may be waived by the commissioner provided that five
years have expired since the applicant was discharged or released from a
sentence of imprisonment imposed pursuant to conviction of an offense
that requires disqualification under this paragraph and that the appli-
cant shall have been granted a certificate of [relief from disabilities]
RESTORATION as provided for in [section seven hundred one] ARTICLE TWEN-
TY-THREE of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
A. 4923--A 23
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children to the
applicant's prospective employment, prior to granting such a certif-
icate.
(b) permanently, if that person has been convicted of an offense list-
ed in paragraph (b) of subdivision four of this section. However, such
disqualification shall be waived provided that five years have expired
since the applicant was incarcerated pursuant to a sentence of imprison-
ment imposed on conviction of an offense that requires disqualification
under this paragraph and that the applicant shall have been granted a
certificate of [relief from disabilities] RESTORATION as provided for in
[section seven hundred one] ARTICLE TWENTY-THREE of the correction law.
When the certificate is issued by a court for a conviction which
occurred in this state, it shall only be issued by the court having
jurisdiction over such conviction. Such certificate shall specifically
indicate that the authority granting such certificate has considered the
bearing, if any, the criminal offense or offenses for which the person
was convicted will have on the applicant's fitness or ability to operate
a bus transporting school children, prior to granting such a certif-
icate. Provided, however, that at the discretion of the commissioner the
certificate of [relief from disabilities] RESTORATION may remove
disqualification at any time.
(i) has been convicted within the preceding five years of an offense
listed in paragraph (c) of subdivision four of this section. However,
notwithstanding the provisions of subdivision three of section seven
hundred one of the correction law. Such disqualification shall be waived
provided that the applicant has been granted a certificate of [relief
from disabilities as provided for in section seven hundred one-g of the
correction law] RESTORATION. When the certificate is issued by a court
for a conviction which occurred in this state, it shall only be issued
by the court having jurisdiction over such conviction. Such certificate
shall specifically indicate that the authority granting such certificate
has considered the bearing, if any, the criminal offense or offenses for
which the person was convicted will have on the applicant's fitness or
ability to operate a bus transporting school children, prior to granting
such a certificate.
S 45. Subparagraph (iii) of paragraph d of subdivision 6 of section
510 of the vehicle and traffic law, as added by chapter 173 of the laws
of 1990, is amended to read as follows:
(iii) after such documentation, if required, is accepted, that such
person is granted a certificate of [relief from disabilities] RESTORA-
TION as provided for in [section seven hundred one] ARTICLE TWENTY-THREE
of the correction law by the court in which such person was last penal-
ized.
S 46. Subparagraph (iii) of paragraph (c) of subdivision 2 of section
510-a of the vehicle and traffic law, as amended by section 13 of part E
of chapter 60 of the laws of 2005, is amended to read as follows:
(iii) after such documentation, if required, is accepted, that such
person is granted a certificate of [relief from disabilities] RESTORA-
TION as provided for in [section seven hundred one] ARTICLE TWENTY-THREE
of the correction law by the court in which such person was last penal-
ized.
A. 4923--A 24
S 47. Subdivision 5 of section 530 of the vehicle and traffic law, as
amended by section 15 of part E of chapter 60 of the laws of 2005, is
amended to read as follows:
(5) A restricted use license or privilege shall be valid for the oper-
ation of any motor vehicle, except a vehicle for hire as a taxicab,
livery, coach, limousine, van or wheelchair accessible van or tow truck
as defined in this chapter subject to the conditions set forth herein,
which the holder would otherwise be entitled to operate had his drivers
license or privilege not been suspended or revoked. Notwithstanding
anything to the contrary in a certificate of [relief from disabilities]
RESTORATION issued pursuant to article twenty-three of the correction
law, a restricted use license shall not be valid for the operation of a
commercial motor vehicle. A restricted use license shall not be valid
for the operation of a vehicle for hire as a taxicab, livery, coach,
limousine, van or wheelchair accessible van or tow truck where the hold-
er thereof had his or her drivers license suspended or revoked and (i)
such suspension or revocation is mandatory pursuant to the provisions of
subdivision two or two-a of section five hundred ten of this title; or
(ii) any such suspension is permissive for habitual or persistent
violations of this chapter or any local law relating to traffic as set
forth in paragraph d or i of subdivision three of section five hundred
ten of this title; or (iii) any such suspension is permissive and has
been imposed by a magistrate, justice or judge of any city, town or
village, any supreme court justice, any county judge, or judge of a
district court. Except for a commercial motor vehicle as defined in
subdivision four of section five hundred one-a of this title, the
restrictions on types of vehicles which may be operated with a
restricted license contained in this subdivision shall not be applicable
to a restricted license issued to a person whose license has been
suspended pursuant to paragraph three of subdivision four-e of section
five hundred ten of this [chapter] TITLE.
S 48. Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law, as added
by chapter 732 of the laws of 2006, is amended to read as follows:
(ii) that such person is granted a certificate of [relief from disa-
bilities] RESTORATION as provided for in [section seven hundred one]
ARTICLE TWENTY-THREE of the correction law by the court in which such
person was last sentenced.
Provided, however, that the commissioner may, on a case by case basis,
refuse to restore a license which otherwise would be restored pursuant
to this item, in the interest of the public safety and welfare.
S 49. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by chapter 173 of the laws of
1990, is amended to read as follows:
(1) Notwithstanding anything to the contrary contained in a certif-
icate of [relief from disabilities] RESTORATION issued pursuant to arti-
cle twenty-three of the correction law, where a suspension or revoca-
tion, other than a revocation required to be issued by the commissioner,
is mandatory pursuant to paragraph (a) or (b) of this subdivision, the
magistrate, justice or judge shall issue an order suspending or revoking
such license upon sentencing, and the license holder shall surrender
such license to the court. Except as hereinafter provided, such suspen-
sion or revocation shall take effect immediately.
S 50. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law, as added
by chapter 732 of the laws of 2006, is amended to read as follows:
A. 4923--A 25
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of [relief from disabilities] RESTORATION as provided
for in [section seven hundred one] ARTICLE TWENTY-THREE of the
correction law by the court in which such person was last sentenced.
Notwithstanding the provisions of this clause, nothing contained in
this clause shall be deemed to require the commissioner to restore a
license to an applicant who otherwise has complied with the requirements
of this item, in the interest of the public safety and welfare.
S 51. Item (iii) of clause a of subparagraph 3 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by chapter 173 of the laws of 1990, is amended to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of [relief from disabilities] RESTORATION as provided
for in [section seven hundred one] ARTICLE TWENTY-THREE of the
correction law by the court in which such person was last penalized
pursuant to paragraph (d) of subdivision one of this section.
S 52. Item (iii) of clause c of subparagraph 1 of paragraph (d) of
subdivision 2 of section 1194 of the vehicle and traffic law, as amended
by chapter 732 of the laws of 2006, is amended to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of [relief from disabilities] RESTORATION as provided
for in [section seven hundred one] ARTICLE TWENTY-THREE of the
correction law by the court in which such person was last penalized.
S 53. Paragraph (g) of subdivision 7 of section 1196 of the vehicle
and traffic law, as amended by section 19 of part E of chapter 60 of the
laws of 2005, is amended to read as follows:
(g) Notwithstanding anything to the contrary contained in a certif-
icate of [relief from disabilities] RESTORATION issued pursuant to arti-
cle twenty-three of the correction law, any conditional license or priv-
ilege issued to a person convicted of a violation of any subdivision of
section eleven hundred ninety-two of this article shall not be valid for
the operation of any commercial motor vehicle. In addition, no such
conditional license or privilege shall be valid for the operation of a
taxicab as defined in this chapter.
S 54. Whenever the term "certificate of good conduct" or "certificate
of relief from disabilities" or any equivalent expression thereof is
used in any provision of law, either such term shall be deemed to mean
and refer to a certificate of restoration as established in this act.
S 55. Any certificate of relief from disabilities or certificate of
good conduct issued prior to the effective date of this act shall be
deemed the equivalent of a certificate of restoration and shall remain
in full force and effect on and after the effective date of this act.
Nothing in this act shall be read to invalidate a certificate of relief
from disabilities or a certificate of good conduct issued prior to the
effective date of this act.
S 56. This act shall take effect on the ninetieth day after it shall
have become a law, provided that:
(a) the amendments to subdivision 2 of section 701 of the correction
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 9 of chapter 533
of the laws of 1993, as amended, when upon such date the provisions of
section three of this act shall take effect;
(b) the amendments to subdivision 5 of section 530 of the vehicle and
traffic law made by section forty-seven of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.