A. 4122 2
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. Intentionally omitted.
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 1 as amended by chapter 488 of the laws of
2011, subdivision 3 as amended by section 64 of part A of chapter 56 of
the laws of 2010 and subdivisions 4 and 6 as amended by section 32 of
subpart B of part C of chapter 62 of the laws of 2011, 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. 4122 3
a revocable sentence or (b)] imposed a sentence other than one executed
by commitment to an institution under the jurisdiction of the state
department of corrections and community supervision. 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 disa-
bilities]. Where such court either imposes a revocable sentence or
imposes a sentence other than one executed by commitment to an institu-
tion under the jurisdiction of the state department of corrections and
community supervision, the court, upon application and in accordance
with subdivision two of this section, shall initially determine the
fitness of an eligible offender for such certificate prior to or at the
time sentence is pronounced. WHERE THE COURT FINDS THAT ISSUANCE OF THE
CERTIFICATE AT SENTENCING WILL JEOPARDIZE PUBLIC SAFETY, SUCH CERTIF-
ICATE 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.
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. 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 revocable 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
A. 4122 4
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 corrections and community supervision. 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 avail-
able 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 or she has no
attorney. 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
certificate, 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
excepting 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 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 section 34 of
subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
S 703. Certificates of [relief from disabilities] RESTORATION issued
by the department of corrections and community supervision. 1. The
department of corrections and community supervision 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 corrections and commu-
nity supervision WHO SUCCESSFULLY EARNED MERIT TIME OR A CERTIFICATE OF
EARNED ELIGIBILITY DURING THEIR PERIOD OF INCARCERATION. Such certif-
icate [may] SHALL be issued by the department at the time the offender
is released from such institution under the department'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 CERTIFICATE AT THE TIME OF SUCH ELIGIBLE OFFENDER'S RELEASE
FROM PRISON UNLESS IT IS DETERMINED THAT THE ISSUANCE OF SUCH CERTIF-
ICATE WOULD JEOPARDIZE PUBLIC SAFETY. IF SUCH CERTIFICATE IS NOT ISSUED
UPON SUCH ELIGIBLE OFFENDER'S RELEASE FROM PRISON, SUCH OFFENDER SHALL
BE ISSUED A CERTIFICATE BY THE BOARD OF PAROLE AFTER TWO YEARS OF UNRE-
VOKED PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION. SUCH
A. 4122 5
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 department has issued a certificate of [relief from disa-
bilities] RESTORATION, the department may at any time issue a new
certificate enlarging the relief previously granted.
3. The RELIEF GRANTED BY THE department [shall not issue any] IN A
certificate of [relief from disabilities] RESTORATION pursuant to
[subdivisions] SUBDIVISION one or two[, unless the department is satis-
fied 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
[(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 department to an eligible offender who at time of the issuance of
the certificate is under the department's supervision, shall be deemed
to be a temporary certificate until such time as the eligible offender
is discharged from the department's supervision, and, while temporary,
such certificate may be revoked by the department for violation of the
conditions of community supervision. Revocation shall be upon notice to
the releasee, 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 department's jurisdiction over the individual.
5. In granting or revoking a certificate of [relief from disabilities]
RESTORATION the action of the department 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 department may conduct an investigation of the applicant.
7. Presumption based on federal recommendation. Where a certificate of
[relief from disabilities] RESTORATION is sought pursuant to paragraph
(b) of subdivision one of this section on a judgment of conviction
rendered by a federal district court in this state and the department is
in receipt of a written recommendation in favor of the issuance of such
certificate from the chief probation officer of the district, the
A. 4122 6
department shall issue the requested certificate, unless it finds that
the requirements of [paragraphs (a), (b) and (c) of] subdivision three
of this section have not been satisfied; or that the interests of
justice would not be advanced by the issuance of the certificate.
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 amended by section 36 of
subpart B of part C of chapter 62 of the laws of 2011, 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
corrections and community supervision, 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 distributed by the office of probation and correctional alter-
natives and [forms relating to certificates of good conduct shall be
distributed] by the commissioner of the department of corrections and
community supervision.
2. Any court or department issuing or revoking any certificate pursu-
ant to this article shall immediately file a copy of the certificate, or
of the order of revocation, with the New York state identification and
intelligence system.
S 10. Paragraph (h) of subdivision 1 of section 130 of the executive
law, as amended by section 1 of part LL of chapter 56 of the laws of
2010, 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
[relief from disabilities or a certificate of good conduct] RESTORATION
pursuant to article twenty-three of the correction law to remove the
disability under this section because of such conviction.
S 11. Subdivision 3 of section 175 of the executive law, as amended by
section 2 of part LL of chapter 56 of the laws of 2010, 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-
A. 4122 7
tive pardon therefor or a certificate of [relief from disabilities or a
certificate of good conduct] 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 12. 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 13. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
amended by section 24 of part LL of chapter 56 of the laws of 2010, 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 [relief from disabilities or a certificate of
good conduct] 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 subdivi-
sion 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 section 1 of part OO of chapter 56 of the laws of
2010, the opening paragraph as separately amended by section 3 of part
LL of chapter 56 of the laws of 2010 and paragraph (g) as separately
amended by chapter 232 of the laws of 2010, 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 or a
license or special license to sell an alcoholic beverage at retail for
consumption on the premises where such license authorizes the sale of
liquor, beer and/or wine on the premises of a catering establishment,
hotel, restaurant, club, or recreational facility, shall knowingly
employ in connection with his OR HER business in any capacity whatsoev-
er, 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 [relief from disabilities or a certificate of
good conduct] RESTORATION pursuant to article twenty-three of the
correction law, 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;
(f) Unlawfully possessing or distributing habit forming narcotic
drugs;
(g) Violating subdivisions six, ten or eleven of section seven hundred
twenty-two of the former penal law as in force and effect immediately
A. 4122 8
prior to September first, nineteen hundred sixty-seven, or violating
[sections] SECTION 165.25 or 165.30 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 OR SHE 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 author-
ity is terminated.
The liquor authority may make such rules as it deems necessary to
carry out the purpose and intent of this subdivision.
As used in this subdivision, "recreational facility" shall mean: (i)
premises that are part of a facility the principal business of which
shall be the providing of recreation in the form of golf, tennis, swim-
ming, skiing or boating; and (ii) premises in which the principal busi-
ness shall be the operation of a theatre, concert hall, opera house,
bowling establishment, excursion and sightseeing vessel, or accommo-
dation of athletic events, sporting events, expositions and other simi-
lar events or occasions requiring the accommodation of large gatherings
of persons.
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, as amended by section 50 of subpart B of part C of
chapter 62 of the laws of 2011, 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
A. 4122 9
certificate of [good conduct granted by the department of corrections
and community supervision, or a certificate of relief from disabilities]
RESTORATION granted by the department of corrections and community
supervision or a court of this state pursuant to the provisions of arti-
cle 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] ARTICLE,
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 department of corrections
and community supervision to investigate and review the facts and
circumstances concerning such a conviction, and such department 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 inter-
est. The department of corrections and community supervision may charge
the licensee or applicant a fee equivalent to the expenses of an appro-
priate investigation under this subdivision. For any conviction rendered
by a court of this state, the authority may request the corporation, if
the corporation is eligible for a certificate of [relief from disabili-
ties] 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 depart-
ment of corrections and community supervision, or a certificate of
relief from disabilities] RESTORATION granted by the department of
corrections and community supervision 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 directors are not less than twenty-one years of age and none of its
A. 4122 10
directors are less than eighteen years of age; and provided further that
a corporation organized under the not-for-profit corporation law or the
education 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 officers and each of its directors are not less than eighteen
years of age.
S 17. Subdivision 4 of section 96-z-3 of the agriculture and markets
law, as amended by section 4 of part LL of chapter 56 of the laws of
2010, 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 a certificate of [relief from disabilities
or a certificate of good conduct] RESTORATION pursuant to article twen-
ty-three of the correction law,
S 18. Paragraph (d) of subdivision 4 of section 129 of the agriculture
and markets law, as amended by section 5 of part LL of chapter 56 of the
laws of 2010, 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
[relief from disabilities or a certificate of good conduct] RESTORATION
pursuant to article twenty-three of the correction law;
S 19. Paragraph (c) of subdivision 2 of section 2897 of the public
health law, as amended by section 21 of part LL of chapter 56 of the
laws of 2010, 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 [relief from disabilities or a certificate of
good conduct] 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 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, as amended by section 22
of part LL of chapter 56 of the laws of 2010, 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 [relief from disabilities or a certificate of good conduct]
RESTORATION pursuant to article twenty-three of the correction law to
remove the disability under this section because of such conviction, the
commissioner may, in his OR HER discretion, on application of such
person, and on the submission to him OR HER of satisfactory evidence,
restore to such person the right to practice in this state.
A. 4122 11
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
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 section 15 of part LL of chapter 56 of the
laws of 2010, 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 pursu-
ant to article twenty-three of the correction law; 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 recom-
pense 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 9 of section 476 of the general
municipal law, as amended by section 16 of part LL of chapter 56 of the
laws of 2010, 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 or a certificate of relief from disabili-
ties] RESTORATION pursuant to article twenty-three of the correction
law;
S 25. Paragraph (a) of subdivision 1 of section 481 of the general
municipal law, as amended by section 17 of part LL of chapter 56 of the
laws of 2010, 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 or a
certificate of relief from disabilities] RESTORATION pursuant to article
A. 4122 12
twenty-three of the correction law; 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 commission, and that the proceeds ther-
eof 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 hold-
ing, 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 seek-
ing to conduct bingo in premises of a licensed commercial lessor where
it determines that the premises presently owned or occupied by said
applicant are in every respect adequate and suitable for conducting
bingo games.
S 26. Paragraph b of subdivision 5 of section 84-a of the town law, as
amended by section 10 of part LL of chapter 56 of the laws of 2010, 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 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 [relief from
disabilities or a certificate of good conduct] RESTORATION pursuant to
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..................
A. 4122 13
S 27. Paragraph b of subdivision 5 of section 175-b of the town law,
as amended by section 11 of part LL of chapter 56 of the laws of 2010,
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 [relief from
disabilities or a certificate of good conduct] RESTORATION pursuant to
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 28. Paragraph b of subdivision 5 of section 213-b of the town law,
as amended by section 12 of part LL of chapter 56 of the laws of 2010,
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
A. 4122 14
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 [relief from
disabilities or a certificate of good conduct] RESTORATION pursuant to
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 29. Paragraph b of subdivision 5 of section 2018-a of the education
law, as amended by section 8 of part LL of chapter 56 of the laws of
2010, 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 [relief from disabilities or a certificate of good
conduct] RESTORATION pursuant to 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
A. 4122 15
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 section 9 of part LL of chapter 56 of the laws of
2010, 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
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 have
received a certificate of [relief from disabilities or a certificate of
good conduct] RESTORATION pursuant to article twenty-three of the
correction law removing my disability 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
A. 4122 16
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
(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 section 14 of part LL of chapter 56 of the laws of 2010, 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.
A. 4122 17
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 article, and who has not subsequent to such conviction
received executive pardon therefor removing this disability, or received
a certificate of [relief from disabilities or a certificate of good
conduct] RESTORATION pursuant to article twenty-three of the correction
law to remove the disability 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 author-
ities of any other state or territory because of conviction of any of
such offenses. Should the 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 represent-
ing 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, as amended by section 18 of part LL of chapter 56 of the laws of
2010, 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 [relief from disabilities or a certificate
of good conduct] RESTORATION pursuant to article twenty-three of the
correction law to remove the disability 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 and paragraph (b) as amended by section
6 of part LL of chapter 56 of the laws of 2010, 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
A. 4122 18
conviction was had, or shall have received a certificate of [relief from
disabilities or a certificate of good conduct] RESTORATION pursuant to
article twenty-three of the 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 stock-
holder. In making a determination pursuant to this subdivision, the
superintendent shall require fingerprinting of the applicant. Such fing-
erprints 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 investigation for a national criminal
history record check.
S 35. 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 36. 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 37. 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-
cant, which certificate shall create a presumption of rehabilitation in
regard to the offense or offenses specified therein.
S 38. 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.
A. 4122 19
S 39. The first undesignated paragraph of section 440-a of the real
property law, as amended by section 23 of part LL of chapter 56 of the
laws of 2010, 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 [relief from disabilities
or a certificate of good conduct] RESTORATION pursuant to article twen-
ty-three of the correction law, to remove the disability under this
section because of such conviction. No person shall be entitled to a
license as a real estate broker or real estate salesman under this arti-
cle who does not meet the requirements of section 3-503 of the general
obligations law.
S 40. 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
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.
A. 4122 20
S 41. Paragraph (a) of subdivision 5 of section 2806 of the public
health law, as amended by section 20 of part LL of chapter 56 of the
laws of 2010, 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 or a certificate of good conduct] RESTORATION issued pursu-
ant 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 subdivi-
sion twelve of section twenty-eight hundred one-a of this 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 shareholder 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 regulations, supervision, or administration of the
department or of the office of temporary and disability assistance or in
violation of the public officers law in a court of competent jurisdic-
tion 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 regu-
lations, supervision, or administration of the department or of the
office of temporary and disability assistance or in violation of the
public officers law.
S 42. 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 section 25 and paragraph (a) of subdivision
2 as amended by section 26 of part LL of chapter 56 of the laws of 2010,
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
or a certificate of good conduct] RESTORATION pursuant to 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
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
A. 4122 21
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 or a certificate
of good conduct] RESTORATION pursuant to article twenty-three of the
correction law.
S 43. 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, as
added by chapter 675 of the laws of 1985, subparagraphs (i), (ii) and
(iii) of paragraph (a) and subparagraph (i) of paragraph (b) of subdivi-
sion 1 as amended by section 27 and paragraphs (a) and (b) and subpara-
graph (i) of paragraph (c) of subdivision 2 as amended by section 28 of
part LL of chapter 56 of the laws of 2010, 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 or a
certificate of good conduct] RESTORATION pursuant to 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 to the applicant's
prospective employment, prior to granting such a certificate; 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
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 or a
certificate of good conduct] RESTORATION pursuant to article twenty-
A. 4122 22
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 or a certificate of good
conduct] RESTORATION pursuant to 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 or a
certificate of good conduct] RESTORATION pursuant to 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
or a certificate of good conduct] RESTORATION pursuant to 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
A. 4122 23
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 or a certificate of good
conduct] RESTORATION pursuant to 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 or a certificate of good
conduct] RESTORATION pursuant to article twenty-three of the correction
law 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], SUCH disqualification shall
be waived provided that the applicant has been granted a certificate of
[relief from disabilities or a certificate of good conduct] RESTORATION
pursuant to article twenty-three of the correction law. When the certif-
icate 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 44. Subparagraph (iii) of paragraph d of subdivision 6 of section
510 of the vehicle and traffic law, as amended by section 29 of part LL
of chapter 56 of the laws of 2010, 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 or a
certificate of good conduct] RESTORATION pursuant to article twenty-
three of the correction law by the court in which such person was last
penalized.
S 45. Subparagraph (iii) of paragraph (c) of subdivision 2 of section
510-a of the vehicle and traffic law, as amended by section 30 of part
LL of chapter 56 of the laws of 2010, 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 or a
certificate of good conduct] RESTORATION pursuant to article twenty-
three of the correction law by the court in which such person was last
penalized.
S 46. Subdivision 5 of section 530 of the vehicle and traffic law, as
amended by section 31 of part LL of chapter 56 of the laws of 2010, 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,
A. 4122 24
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
or a certificate of good conduct] 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 holder 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 title.
S 47. Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by section 32 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
(ii) that such person is granted a certificate of [relief from disa-
bilities or a certificate of good conduct] RESTORATION pursuant to arti-
cle twenty-three of the correction law.
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 48. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by section 33 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of [relief from disabilities or a certificate of good
conduct] RESTORATION pursuant to article twenty-three of the correction
law.
S 49. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by section 34 of part LL of
chapter 56 of the laws of 2010, is amended to read as follows:
(1) Notwithstanding anything to the contrary contained in a certif-
icate of [relief from disabilities or a certificate of good conduct]
RESTORATION issued pursuant to article twenty-three of the correction
law, where a suspension or revocation, 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
A. 4122 25
hereinafter provided, such suspension or revocation shall take effect
immediately.
S 50. 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 section 35 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of [relief from disabilities or a certificate of good
conduct] RESTORATION pursuant to article twenty-three of the correction
law.
S 51. 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 section 37 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
(iii) after such documentation is accepted, that such person is grant-
ed a certificate of [relief from disabilities or a certificate of good
conduct] RESTORATION pursuant to article twenty-three of the correction
law by the court in which such person was last penalized.
S 52. Paragraph (g) of subdivision 7 of section 1196 of the vehicle
and traffic law, as amended by section 38 of part LL of chapter 56 of
the laws of 2010, is amended to read as follows:
(g) Notwithstanding anything to the contrary contained in a certif-
icate of [relief from disabilities or a certificate of good conduct]
RESTORATION issued pursuant to article twenty-three of the correction
law, any conditional license or privilege 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 chap-
ter.
S 53. 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 54. 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 55. This act shall take effect on the ninetieth day after it shall
have become a law, provided that the amendments to subdivision 5 of
section 530 of the vehicle and traffic law made by section forty-six of
this act shall not affect the expiration of such subdivision and shall
be deemed to expire therewith.