LBD03710-01-7
S. 4911 2
435.60 RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE OF DUE CARE.
435.65 VICTIM'S RIGHTS.
435.70 SAVINGS AND TRANSITIONAL PROVISIONS.
§ 435.00 DEFINITIONS.
FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "COLLATERAL CONSEQUENCE" MEANS A COLLATERAL SANCTION OR A DISQUALI-
FICATION.
2. "COLLATERAL SANCTION" MEANS A PENALTY, DISABILITY, OR DISADVANTAGE,
HOWEVER DENOMINATED, IMPOSED ON AN INDIVIDUAL AS A RESULT OF THE INDI-
VIDUAL'S CONVICTION OF AN OFFENSE WHICH APPLIES BY OPERATION OF LAW
WHETHER OR NOT THE PENALTY, DISABILITY, OR DISADVANTAGE IS INCLUDED IN
THE JUDGMENT OR SENTENCE. THE TERM DOES NOT INCLUDE IMPRISONMENT,
PROBATION, PAROLE, PRESUMPTIVE RELEASE, CONDITIONAL RELEASE, POST
RELEASE SUPERVISION, FORFEITURE, RESTITUTION, FINE, ASSESSMENT, OR COSTS
OF PROSECUTION.
3. "CONVICTION" SHALL HAVE THE MEANING ASCRIBED TO IT IN SUBDIVISION
THIRTEEN OF SECTION 1.20 OF THIS CHAPTER AND SHALL INCLUDE ANY ADJUDI-
CATION AS A JUVENILE DELINQUENT. "CONVICTED" HAS A CORRESPONDING MEAN-
ING.
4. "DECISION-MAKER" MEANS THE STATE ACTING THROUGH A DEPARTMENT, AGEN-
CY, OFFICER, OR INSTRUMENTALITY, INCLUDING A POLITICAL SUBDIVISION,
EDUCATIONAL INSTITUTION, BOARD, OR COMMISSION, OR ITS EMPLOYEES, OR A
GOVERNMENT CONTRACTOR, INCLUDING A SUBCONTRACTOR, MADE SUBJECT TO THIS
ARTICLE BY CONTRACT, BY LAW OTHER THAN THIS ARTICLE, OR BY ORDINANCE.
5. "DISQUALIFICATION" MEANS A PENALTY, DISABILITY, OR DISADVANTAGE,
HOWEVER DENOMINATED, THAT AN ADMINISTRATIVE AGENCY, GOVERNMENTAL OFFI-
CIAL, OR COURT IN A CIVIL PROCEEDING IS AUTHORIZED, BUT NOT REQUIRED, TO
IMPOSE ON AN INDIVIDUAL ON GROUNDS RELATING TO THE INDIVIDUAL'S
CONVICTION OF AN OFFENSE.
6. "OFFENSE" MEANS A FELONY, MISDEMEANOR, AND LESSER INCLUDED
OFFENSES, UNDER THE LAWS OF THIS STATE, ANOTHER STATE, OR THE UNITED
STATES.
7. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST, ESTATE,
TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, JOINT
VENTURE, PUBLIC CORPORATION, GOVERNMENT OR GOVERNMENTAL SUBDIVISION,
AGENCY, OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
8. "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
§ 435.05 LIMITATION ON SCOPE.
1. THIS ARTICLE SHALL NOT PROVIDE A BASIS FOR:
(A) INVALIDATING A PLEA, CONVICTION, OR SENTENCE;
(B) A CAUSE OF ACTION FOR MONEY DAMAGES; OR
(C) A CLAIM FOR RELIEF FROM OR DEFENSE TO THE APPLICATION OF A COLLAT-
ERAL CONSEQUENCE BASED ON A FAILURE TO COMPLY WITH SECTION 435.10,
435.15 OR 435.20 OF THIS ARTICLE.
2. THIS ARTICLE SHALL NOT AFFECT:
(A) THE DUTY AN INDIVIDUAL'S ATTORNEY OWES TO THE INDIVIDUAL;
(B) A CLAIM OR RIGHT OF A VICTIM OF AN OFFENSE; OR
(C) A RIGHT OR REMEDY UNDER LAW OTHER THAN THIS ARTICLE AVAILABLE TO
AN INDIVIDUAL CONVICTED OF AN OFFENSE.
§ 435.10 IDENTIFICATION, COLLECTION AND PUBLICATION OF LAWS REGARDING
COLLATERAL CONSEQUENCES.
1. THE DIVISION OF CRIMINAL JUSTICE SERVICES:
S. 4911 3
(A) SHALL IDENTIFY OR CAUSE TO BE IDENTIFIED ANY PROVISION IN THE
STATE CONSTITUTION, LAWS, AND ADMINISTRATIVE RULES WHICH IMPOSES A
COLLATERAL SANCTION OR AUTHORIZES THE IMPOSITION OF A DISQUALIFICATION,
AND ANY PROVISION OF LAW THAT MAY AFFORD RELIEF FROM A COLLATERAL CONSE-
QUENCE;
(B) NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTI-
CLE, SHALL PREPARE OR CAUSE TO BE PREPARED A COLLECTION OF CITATIONS TO,
AND THE TEXT OR SHORT DESCRIPTIONS OF, THE PROVISIONS IDENTIFIED UNDER
PARAGRAPH (A) OF THIS SUBDIVISION;
(C) SHALL UPDATE OR CAUSE TO BE UPDATED THE COLLECTION WITHIN SIXTY
DAYS AFTER EACH REGULAR SESSION OF THE LEGISLATURE; AND
(D) IN COMPLYING WITH PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, MAY
RELY ON THE STUDY OF THIS STATE'S COLLATERAL SANCTIONS, DISQUALIFICA-
TIONS, AND RELIEF PROVISIONS PREPARED BY THE NATIONAL INSTITUTE OF
JUSTICE DESCRIBED IN SECTION 510 OF THE COURT SECURITY IMPROVEMENT ACT
OF 2007, PUB. L. 110-177.
2. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL INCLUDE OR CAUSE TO
BE INCLUDED THE FOLLOWING STATEMENTS IN A PROMINENT MANNER AT THE BEGIN-
NING OF THE COLLECTION REQUIRED BY SUBDIVISION ONE OF THIS SECTION:
(A) THIS COLLECTION HAS NOT BEEN ENACTED INTO LAW AND DOES NOT HAVE
THE FORCE OF LAW.
(B) AN ERROR OR OMISSION IN THIS COLLECTION OR IN ANY REFERENCE WORK
CITED IN THIS COLLECTION IS NOT A REASON FOR INVALIDATING A PLEA,
CONVICTION, OR SENTENCE OR FOR NOT IMPOSING A COLLATERAL SANCTION OR
AUTHORIZING A DISQUALIFICATION.
(C) THE LAWS OF OTHER JURISDICTIONS AND LOCAL MUNICIPALITIES WHICH
IMPOSE ADDITIONAL COLLATERAL SANCTIONS AND AUTHORIZE ADDITIONAL DISQUAL-
IFICATIONS ARE NOT INCLUDED IN THIS COLLECTION.
(D) THIS COLLECTION DOES NOT INCLUDE ANY LAW OR OTHER PROVISION
REGARDING THE IMPOSITION OF OR RELIEF FROM A COLLATERAL SANCTION OR A
DISQUALIFICATION ENACTED OR ADOPTED AFTER THE PREVIOUS TIME THE
COLLECTION WAS PREPARED OR UPDATED.
3. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PUBLISH OR CAUSE TO
BE PUBLISHED THE COLLECTION PREPARED AND UPDATED AS REQUIRED BY SUBDIVI-
SION ONE OF THIS SECTION. IF AVAILABLE, IT SHALL PUBLISH OR CAUSE TO BE
PUBLISHED, AS PART OF THE COLLECTION, THE TITLE AND INTERNET ADDRESS OF
THE MOST RECENT COLLECTION OF:
(A) THE COLLATERAL CONSEQUENCES IMPOSED BY FEDERAL LAW; AND
(B) ANY PROVISION OF FEDERAL LAW THAT MAY AFFORD RELIEF FROM A COLLAT-
ERAL CONSEQUENCE.
4. THE COLLECTION DESCRIBED IN SUBDIVISION THREE OF THIS SECTION MUST
BE AVAILABLE TO THE PUBLIC ON THE INTERNET WITHOUT CHARGE NOT LATER THAN
THIRTY DAYS AFTER IT IS CREATED OR UPDATED.
§ 435.15 NOTICE OF COLLATERAL CONSEQUENCES IN PRETRIAL PROCEEDING AND AT
GUILTY PLEA.
1. WHEN AN INDIVIDUAL RECEIVES FORMAL NOTICE THAT THE INDIVIDUAL IS
CHARGED WITH AN OFFENSE, THE COURT SHALL CAUSE INFORMATION SUBSTANTIALLY
SIMILAR TO THE FOLLOWING TO BE COMMUNICATED TO THE INDIVIDUAL:
NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
IF YOU PLEAD GUILTY OR ARE CONVICTED OF AN OFFENSE YOU MAY SUFFER
ADDITIONAL LEGAL CONSEQUENCES BEYOND JAIL OR PRISON, PROBATION, PERIODS
OF PAROLE, PRESUMPTIVE RELEASE, CONDITIONAL RELEASE, POST-RELEASE SUPER-
VISION AND FINES. THESE CONSEQUENCES MAY INCLUDE:
(A) BEING UNABLE TO GET OR KEEP SOME LICENSES, PERMITS, OR JOBS;
(B) BEING UNABLE TO GET OR KEEP BENEFITS SUCH AS PUBLIC HOUSING OR
EDUCATION;
S. 4911 4
(C) RECEIVING A HARSHER SENTENCE IF YOU ARE CONVICTED OF ANOTHER
OFFENSE IN THE FUTURE;
(D) HAVING THE GOVERNMENT TAKE YOUR PROPERTY; AND
(E) BEING UNABLE TO VOTE OR POSSESS A FIREARM.
IF YOU ARE NOT A UNITED STATES CITIZEN, A GUILTY PLEA OR CONVICTION
MAY ALSO RESULT IN YOUR DEPORTATION, REMOVAL, EXCLUSION FROM ADMISSION
TO THE UNITED STATES, OR DENIAL OF CITIZENSHIP.
THE LAW MAY PROVIDE WAYS TO OBTAIN SOME RELIEF FROM THESE CONSE-
QUENCES.
FURTHER INFORMATION ABOUT THE CONSEQUENCES OF CONVICTION IS AVAILABLE
ON THE INTERNET AT THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE
SERVICES WEBSITE.
2. BEFORE THE COURT ACCEPTS A PLEA OF GUILTY OR NOLO CONTENDERE FROM
AN INDIVIDUAL, THE COURT SHALL CONFIRM THAT THE INDIVIDUAL RECEIVED AND
UNDERSTANDS THE NOTICE REQUIRED BY SUBDIVISION ONE OF THIS SECTION AND
HAD AN OPPORTUNITY TO DISCUSS THE NOTICE WITH COUNSEL.
§ 435.20 NOTICE OF COLLATERAL CONSEQUENCES AT SENTENCING AND UPON
RELEASE.
1. AN INDIVIDUAL CONVICTED OF AN OFFENSE SHALL BE GIVEN NOTICE AS
PROVIDED IN SUBDIVISIONS TWO AND THREE OF THIS SECTION:
(A) THAT COLLATERAL CONSEQUENCES MAY APPLY BECAUSE OF THE CONVICTION;
(B) OF THE INTERNET ADDRESS OF THE COLLECTION OF LAWS PUBLISHED UNDER
SUBDIVISION THREE OF SECTION 435.10 OF THIS ARTICLE;
(C) THAT THERE MAY BE WAYS TO OBTAIN RELIEF FROM COLLATERAL CONSE-
QUENCES;
(D) OF CONTACT INFORMATION FOR GOVERNMENT OR NONPROFIT AGENCIES,
GROUPS, OR ORGANIZATIONS, IF ANY, OFFERING ASSISTANCE TO INDIVIDUALS
SEEKING RELIEF FROM COLLATERAL CONSEQUENCES; AND
(E) OF WHEN AN INDIVIDUAL CONVICTED OF AN OFFENSE MAY VOTE UNDER THIS
STATE'S LAW.
2. THE COURT SHALL PROVIDE THE NOTICE IN SUBDIVISION ONE OF THIS
SECTION AS A PART OF SENTENCING.
3. IF AN INDIVIDUAL IS SENTENCED TO IMPRISONMENT OR OTHER INCARCERA-
TION, THE OFFICER OR AGENCY RELEASING THE INDIVIDUAL SHALL PROVIDE THE
NOTICE IN SUBDIVISION ONE OF THIS SECTION NOT MORE THAN THIRTY, AND, IF
PRACTICABLE, AT LEAST TEN, DAYS BEFORE RELEASE.
§ 435.25 AUTHORIZATION REQUIRED FOR COLLATERAL SANCTION; AMBIGUITY.
1. A COLLATERAL SANCTION MAY BE IMPOSED ONLY BY STATUTE OR ORDINANCE,
OR BY A RULE OR REGULATION AUTHORIZED BY LAW AND ADOPTED IN ACCORDANCE
WITH THE STATE ADMINISTRATIVE PROCEDURE ACT OR ANY OTHER APPLICABLE LAW.
2. A LAW CREATING A COLLATERAL CONSEQUENCE THAT IS AMBIGUOUS AS TO
WHETHER IT IMPOSES A COLLATERAL SANCTION OR AUTHORIZES A DISQUALIFICA-
TION SHALL BE CONSTRUED AS AUTHORIZING A DISQUALIFICATION.
§ 435.30 DECISION TO DISQUALIFY.
IN DECIDING WHETHER TO IMPOSE A DISQUALIFICATION, A DECISION-MAKER
SHALL UNDERTAKE AN INDIVIDUALIZED ASSESSMENT TO DETERMINE WHETHER THE
BENEFIT OR OPPORTUNITY AT ISSUE SHOULD BE DENIED THE INDIVIDUAL. IN
MAKING THAT DECISION, THE DECISION-MAKER MAY CONSIDER, IF SUBSTANTIALLY
RELATED TO THE BENEFIT OR OPPORTUNITY AT ISSUE: THE PARTICULAR FACTS AND
CIRCUMSTANCES INVOLVED IN THE OFFENSE, AND THE ESSENTIAL ELEMENTS OF THE
OFFENSE. A CONVICTION ITSELF MAY NOT BE CONSIDERED EXCEPT AS HAVING
ESTABLISHED THE ELEMENTS OF THE OFFENSE. THE DECISION-MAKER SHALL ALSO
CONSIDER OTHER RELEVANT INFORMATION, INCLUDING THE EFFECT ON THIRD
PARTIES OF GRANTING THE BENEFIT OR OPPORTUNITY AND WHETHER THE INDIVID-
UAL HAS BEEN GRANTED RELIEF SUCH AS AN ORDER OF LIMITED RELIEF OR A
CERTIFICATE OF RESTORATION OF RIGHTS.
S. 4911 5
§ 435.35 EFFECT OF CONVICTION BY ANOTHER STATE OR THE UNITED STATES;
RELIEVED OR PARDONED CONVICTION.
1. FOR PURPOSES OF AUTHORIZING OR IMPOSING A COLLATERAL CONSEQUENCE IN
THIS STATE, A CONVICTION OF AN OFFENSE IN A COURT OF ANOTHER STATE OR
THE UNITED STATES IS DEEMED A CONVICTION OF THE OFFENSE IN THIS STATE
WITH THE SAME ELEMENTS. IF THERE IS NO OFFENSE IN THIS STATE WITH THE
SAME ELEMENTS, THE CONVICTION IS DEEMED A CONVICTION OF THE MOST SERIOUS
OFFENSE IN THIS STATE WHICH IS ESTABLISHED BY THE ELEMENTS OF THE
OFFENSE. A MISDEMEANOR IN THE JURISDICTION OF CONVICTION MAY NOT BE
DEEMED A FELONY IN THIS STATE, AND AN OFFENSE LESSER THAN A MISDEMEANOR
IN THE JURISDICTION OF CONVICTION MAY NOT BE DEEMED A CONVICTION OF A
FELONY OR MISDEMEANOR IN THIS STATE.
2. FOR PURPOSES OF AUTHORIZING OR IMPOSING A COLLATERAL CONSEQUENCE IN
THIS STATE, A JUVENILE ADJUDICATION IN ANOTHER STATE OR THE UNITED
STATES MAY NOT BE DEEMED A CONVICTION OF A FELONY, MISDEMEANOR, OR
OFFENSE LESSER THAN A MISDEMEANOR IN THIS STATE, BUT MAY BE DEEMED A
JUVENILE ADJUDICATION FOR THE DELINQUENT ACT IN THIS STATE WITH THE SAME
ELEMENTS. IF THERE IS NO DELINQUENT ACT IN THIS STATE WITH THE SAME
ELEMENTS, THE JUVENILE ADJUDICATION IS DEEMED AN ADJUDICATION OF THE
MOST SERIOUS DELINQUENT ACT IN THIS STATE WHICH IS ESTABLISHED BY THE
ELEMENTS OF THE OFFENSE.
3. A CONVICTION THAT IS REVERSED, OVERTURNED, OR OTHERWISE VACATED BY
A COURT OF COMPETENT JURISDICTION OF THIS STATE, ANOTHER STATE, OR THE
UNITED STATES ON GROUNDS OTHER THAN REHABILITATION OR GOOD BEHAVIOR MAY
NOT SERVE AS THE BASIS FOR AUTHORIZING OR IMPOSING A COLLATERAL CONSE-
QUENCE IN THIS STATE.
4. A PARDON ISSUED BY ANOTHER STATE OR THE UNITED STATES HAS THE SAME
EFFECT FOR PURPOSES OF AUTHORIZING, IMPOSING, AND RELIEVING A COLLATERAL
CONSEQUENCE IN THIS STATE AS IT HAS IN THE ISSUING JURISDICTION.
5. A CONVICTION THAT HAS BEEN RELIEVED BY EXPUNGEMENT, SEALING, ANNUL-
MENT, SET-ASIDE, OR VACATION BY A COURT OF COMPETENT JURISDICTION OF
ANOTHER STATE OR THE UNITED STATES ON GROUNDS OF REHABILITATION OR GOOD
BEHAVIOR, OR FOR WHICH CIVIL RIGHTS ARE RESTORED PURSUANT TO STATUTE,
HAS THE SAME EFFECT FOR PURPOSES OF AUTHORIZING OR IMPOSING COLLATERAL
CONSEQUENCES IN THIS STATE AS IT HAS IN THE JURISDICTION OF CONVICTION.
HOWEVER, SUCH RELIEF OR RESTORATION OF CIVIL RIGHTS DOES NOT RELIEVE
COLLATERAL CONSEQUENCES APPLICABLE UNDER THE LAW OF THIS STATE FOR WHICH
RELIEF COULD NOT BE GRANTED UNDER SECTION 435.50 OF THIS ARTICLE OR FOR
WHICH RELIEF WAS EXPRESSLY WITHHELD BY THE COURT ORDER OR BY THE LAW OF
THE JURISDICTION THAT RELIEVED THE CONVICTION. AN INDIVIDUAL CONVICTED
IN ANOTHER JURISDICTION MAY SEEK RELIEF UNDER SECTION 435.40 OR 435.45
OF THIS ARTICLE FROM ANY COLLATERAL CONSEQUENCE FOR WHICH RELIEF WAS NOT
GRANTED IN THE ISSUING JURISDICTION, OTHER THAN THOSE LISTED IN SECTION
435.50 OF THIS ARTICLE, AND THE COURT SHALL CONSIDER THAT THE CONVICTION
WAS RELIEVED OR CIVIL RIGHTS RESTORED IN DECIDING WHETHER TO ISSUE AN
ORDER OF LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS.
6. A CHARGE OR PROSECUTION IN ANY JURISDICTION WHICH HAS BEEN FINALLY
TERMINATED WITHOUT A CONVICTION AND IMPOSITION OF SENTENCE BASED ON
PARTICIPATION IN A DEFERRED ADJUDICATION OR DIVERSION PROGRAM MAY NOT
SERVE AS THE BASIS FOR AUTHORIZING OR IMPOSING A COLLATERAL CONSEQUENCE
IN THIS STATE. THIS SUBDIVISION SHALL NOT AFFECT THE VALIDITY OF ANY
RESTRICTION OR CONDITION IMPOSED BY LAW AS PART OF PARTICIPATION IN THE
DEFERRED ADJUDICATION OR DIVERSION PROGRAM, BEFORE OR AFTER THE TERMI-
NATION OF THE CHARGE OR PROSECUTION.
§ 435.40 ORDER OF LIMITED RELIEF.
S. 4911 6
1. AN INDIVIDUAL CONVICTED OF AN OFFENSE MAY PETITION FOR AN ORDER OF
LIMITED RELIEF FROM ONE OR MORE COLLATERAL SANCTIONS RELATED TO EMPLOY-
MENT, EDUCATION, HOUSING, PUBLIC BENEFITS, OR OCCUPATIONAL LICENSING.
THE PETITION MAY BE PRESENTED TO THE:
(A) SENTENCING COURT AT OR BEFORE SENTENCING; OR
(B) THE DIVISION OF CRIMINAL JUSTICE SERVICES AT ANY TIME AFTER
SENTENCING.
2. EXCEPT AS OTHERWISE PROVIDED IN SECTION 435.50 OF THIS ARTICLE, THE
COURT OR THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY ISSUE AN ORDER OF
LIMITED RELIEF RELIEVING ONE OR MORE OF THE COLLATERAL SANCTIONS
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION IF, AFTER REVIEWING THE
PETITION, THE INDIVIDUAL'S CRIMINAL HISTORY, ANY FILING BY A VICTIM
UNDER SECTION 435.65 OF THIS ARTICLE OR A PROSECUTOR, AND ANY OTHER
RELEVANT EVIDENCE, IT FINDS THE INDIVIDUAL HAS ESTABLISHED BY A PREPON-
DERANCE OF THE EVIDENCE THAT:
(A) GRANTING THE PETITION WILL MATERIALLY ASSIST THE INDIVIDUAL IN
OBTAINING OR MAINTAINING EMPLOYMENT, EDUCATION, HOUSING, PUBLIC BENE-
FITS, OR OCCUPATIONAL LICENSING;
(B) THE INDIVIDUAL HAS SUBSTANTIAL NEED FOR THE RELIEF REQUESTED IN
ORDER TO LIVE A LAW-ABIDING LIFE; AND
(C) GRANTING THE PETITION WOULD NOT POSE AN UNREASONABLE RISK TO THE
SAFETY OR WELFARE OF THE PUBLIC OR ANY INDIVIDUAL.
3. THE ORDER OF LIMITED RELIEF MUST SPECIFY:
(A) THE COLLATERAL SANCTION FROM WHICH RELIEF IS GRANTED; AND
(B) ANY RESTRICTION IMPOSED PURSUANT TO SUBDIVISION ONE OF SECTION
435.55 OF THIS ARTICLE.
4. AN ORDER OF LIMITED RELIEF RELIEVES A COLLATERAL SANCTION TO THE
EXTENT PROVIDED IN THE ORDER.
5. IF A COLLATERAL SANCTION HAS BEEN RELIEVED PURSUANT TO THIS
SECTION, A DECISION-MAKER MAY CONSIDER THE CONDUCT UNDERLYING A
CONVICTION AS PROVIDED IN SECTION 435.30 OF THIS ARTICLE.
§ 435.45 CERTIFICATE OF RESTORATION OF RIGHTS.
1. AN INDIVIDUAL CONVICTED OF AN OFFENSE MAY PETITION THE DIVISION OF
CRIMINAL JUSTICE SERVICES FOR A CERTIFICATE OF RESTORATION OF RIGHTS
RELIEVING COLLATERAL SANCTIONS NOT SOONER THAN THREE YEARS AFTER THE
INDIVIDUAL'S MOST RECENT CONVICTION OF A FELONY OR MISDEMEANOR IN ANY
JURISDICTION, OR NOT SOONER THAN THREE YEARS AFTER THE INDIVIDUAL'S
RELEASE FROM CONFINEMENT PURSUANT TO A CRIMINAL SENTENCE IN ANY JURIS-
DICTION, WHICHEVER IS LATER.
2. EXCEPT AS OTHERWISE PROVIDED IN SECTION 435.50 OF THIS ARTICLE, THE
DIVISION OF CRIMINAL JUSTICE SERVICES MAY ISSUE A CERTIFICATE OF RESTO-
RATION OF RIGHTS IF, AFTER REVIEWING THE PETITION, THE INDIVIDUAL'S
CRIMINAL HISTORY, ANY FILING BY A VICTIM UNDER SECTION 435.65 OF THIS
ARTICLE OR A PROSECUTOR, AND ANY OTHER RELEVANT EVIDENCE, IT FINDS THE
INDIVIDUAL HAS ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE THAT:
(A) THE INDIVIDUAL IS ENGAGED IN, OR SEEKING TO ENGAGE IN, A LAWFUL
OCCUPATION OR ACTIVITY, INCLUDING EMPLOYMENT, TRAINING, EDUCATION, OR
REHABILITATIVE PROGRAMS, OR THE INDIVIDUAL OTHERWISE HAS A LAWFUL SOURCE
OF SUPPORT;
(B) THE INDIVIDUAL IS NOT IN VIOLATION OF THE TERMS OF ANY CRIMINAL
SENTENCE, OR THAT ANY FAILURE TO COMPLY IS JUSTIFIED, EXCUSED, INVOLUN-
TARY, OR INSUBSTANTIAL;
(C) A CRIMINAL CHARGE IS NOT PENDING AGAINST THE INDIVIDUAL; AND
(D) GRANTING THE PETITION WOULD NOT POSE AN UNREASONABLE RISK TO THE
SAFETY OR WELFARE OF THE PUBLIC OR ANY INDIVIDUAL.
S. 4911 7
3. A CERTIFICATE OF RESTORATION OF RIGHTS MUST SPECIFY ANY RESTRICTION
IMPOSED AND COLLATERAL SANCTION FROM WHICH RELIEF HAS NOT BEEN GRANTED
UNDER SUBDIVISION ONE OF SECTION 435.55 OF THIS ARTICLE.
4. A CERTIFICATE OF RESTORATION OF RIGHTS RELIEVES ALL COLLATERAL
SANCTIONS, EXCEPT THOSE LISTED IN SECTION 435.50 OF THIS ARTICLE AND ANY
OTHERS SPECIFICALLY EXCLUDED IN THE CERTIFICATE.
5. IF A COLLATERAL SANCTION HAS BEEN RELIEVED PURSUANT TO THIS
SECTION, A DECISION-MAKER MAY CONSIDER THE CONDUCT UNDERLYING A
CONVICTION AS PROVIDED IN SECTION 435.30 OF THIS ARTICLE.
§ 435.50 COLLATERAL SANCTIONS NOT SUBJECT TO ORDER OF LIMITED RELIEF OR
CERTIFICATE OF RESTORATION OF RIGHTS.
AN ORDER OF LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS MAY
NOT BE ISSUED TO RELIEVE THE FOLLOWING COLLATERAL SANCTIONS:
1. REQUIREMENTS IMPOSED BY ARTICLE SIX-C OF THE CORRECTION LAW, THE
SEX OFFENDER REGISTRATION ACT;
2. A MOTOR VEHICLE LICENSE SUSPENSION, REVOCATION, LIMITATION, OR
INELIGIBILITY PURSUANT TO ARTICLE TWENTY OR THIRTY-ONE OF THE VEHICLE
AND TRAFFIC LAW, FOR WHICH RESTORATION OR RELIEF IS OTHERWISE AVAILABLE;
OR
3. INELIGIBILITY FOR EMPLOYMENT PURSUANT TO ANY LAW, RULE OR REGU-
LATION OF THIS STATE.
§ 435.55 ISSUANCE, MODIFICATION AND REVOCATION OF ORDER OF LIMITED
RELIEF AND CERTIFICATE OF RESTORATION OF RIGHTS.
1. WHEN A PETITION IS FILED UNDER SECTION 435.40 OR 435.45 OF THIS
ARTICLE, INCLUDING A PETITION FOR ENLARGEMENT OF AN EXISTING ORDER OF
LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS, THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL NOTIFY THE PROSECUTING OFFICE OF THE
OFFENSE GIVING RISE TO THE COLLATERAL CONSEQUENCE FROM WHICH RELIEF IS
SOUGHT AND, IF THE CONVICTION WAS NOT OBTAINED IN A COURT OF THIS STATE,
THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL. THE COURT MAY ISSUE
AN ORDER AND THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY ISSUE AN
ORDER OR CERTIFICATE SUBJECT TO RESTRICTION, CONDITION, OR ADDITIONAL
REQUIREMENT. WHEN ISSUING, DENYING, MODIFYING, OR REVOKING AN ORDER OR
CERTIFICATE, THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY IMPOSE CONDI-
TIONS FOR REAPPLICATION.
2. THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY RESTRICT OR REVOKE AN
ORDER OF LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF RIGHTS IT
ISSUED OR AN ORDER OF LIMITED RELIEF ISSUED BY A COURT IN THIS STATE IF
IT FINDS JUST CAUSE BY A PREPONDERANCE OF THE EVIDENCE. JUST CAUSE
INCLUDES SUBSEQUENT CONVICTION OF A FELONY IN THIS STATE OR OF AN
OFFENSE IN ANOTHER JURISDICTION THAT IS DEEMED A FELONY IN THIS STATE
UNDER SUBDIVISION ONE OF SECTION 435.35 OF THIS ARTICLE. AN ORDER OF
RESTRICTION OR REVOCATION MAY BE ISSUED:
(A) ON MOTION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE OFFICE
OF THE PROSECUTOR THAT OBTAINED THE CONVICTION, OR A GOVERNMENT AGENCY
DESIGNATED BY THAT PROSECUTOR;
(B) AFTER NOTICE TO THE INDIVIDUAL AND ANY PROSECUTOR THAT HAS
APPEARED IN THE MATTER; AND
(C) AFTER A HEARING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES IF REQUESTED BY THE INDIVIDUAL OR THE PROSECUTOR
THAT MADE THE MOTION OR ANY PROSECUTOR THAT HAS APPEARED IN THE MATTER.
(D) THE COURT OR THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ORDER
ANY TEST, REPORT, INVESTIGATION, OR DISCLOSURE BY THE INDIVIDUAL IT
REASONABLY BELIEVES NECESSARY TO ITS DECISION TO ISSUE, MODIFY, OR
REVOKE AN ORDER OF LIMITED RELIEF OR CERTIFICATE OF RESTORATION OF
RIGHTS. IF THERE ARE MATERIAL DISPUTED ISSUES OF FACT OR LAW, THE INDI-
S. 4911 8
VIDUAL AND ANY PROSECUTOR NOTIFIED UNDER SUBDIVISION ONE OF THIS SECTION
OR ANOTHER PROSECUTORIAL AGENCY DESIGNATED BY A PROSECUTOR NOTIFIED
UNDER SUBDIVISION ONE OF THIS SECTION MAY SUBMIT EVIDENCE AND BE HEARD
ON THOSE ISSUES.
(E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL MAINTAIN A PUBLIC
RECORD OF THE ISSUANCE, MODIFICATION, AND REVOCATION OF ORDERS OF LIMIT-
ED RELIEF AND CERTIFICATES OF RESTORATION OF RIGHTS. THE CRIMINAL HISTO-
RY RECORD SYSTEM OF THE DIVISION OF CRIMINAL JUSTICE SERVICES MUST
INCLUDE ISSUANCE, MODIFICATION, AND REVOCATION OF ORDERS AND CERTIF-
ICATES.
(F) THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY PROMULGATE RULES AND
REGULATIONS FOR APPLICATION, DETERMINATION, MODIFICATION, AND REVOCATION
OF ORDERS OF LIMITED RELIEF AND CERTIFICATES OF RESTORATION OF RIGHTS,
IN ACCORDANCE WITH ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES.
§ 435.60 RELIANCE ON ORDER OR CERTIFICATE AS EVIDENCE OF DUE CARE.
IN A JUDICIAL OR ADMINISTRATIVE PROCEEDING ALLEGING NEGLIGENCE OR
OTHER FAULT, AN ORDER OF LIMITED RELIEF OR A CERTIFICATE OF RESTORATION
OF RIGHTS MAY BE INTRODUCED AS EVIDENCE OF A PERSON'S DUE CARE IN
HIRING, RETAINING, LICENSING, LEASING TO, ADMITTING TO A SCHOOL OR
PROGRAM OR OTHERWISE TRANSACTING BUSINESS OR ENGAGING IN ACTIVITY WITH
THE INDIVIDUAL TO WHOM THE ORDER WAS ISSUED, IF THE PERSON KNEW OF THE
ORDER OR CERTIFICATE AT THE TIME OF THE ALLEGED NEGLIGENCE OR OTHER
FAULT.
§ 435.65 VICTIM'S RIGHTS.
A VICTIM OF AN OFFENSE MAY PARTICIPATE IN A PROCEEDING FOR ISSUANCE,
MODIFICATION OR REVOCATION OF AN ORDER OF LIMITED RELIEF OR A CERTIF-
ICATE OF RESTORATION OF RIGHTS TO THE EXTENT PERMITTED BY THE RULES OR
REGULATIONS PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
§ 435.70 SAVINGS AND TRANSITIONAL PROVISIONS.
1. THIS ARTICLE APPLIES TO COLLATERAL CONSEQUENCES WHENEVER ENACTED OR
IMPOSED, UNLESS THE LAW CREATING THE COLLATERAL CONSEQUENCE EXPRESSLY
STATES THAT THIS ARTICLE DOES NOT APPLY.
2. THIS ARTICLE DOES NOT INVALIDATE THE IMPOSITION OF A COLLATERAL
SANCTION ON AN INDIVIDUAL BEFORE THE EFFECTIVE DATE OF THIS ARTICLE, BUT
A COLLATERAL SANCTION VALIDLY IMPOSED BEFORE THE EFFECTIVE DATE OF THIS
ARTICLE MAY BE THE SUBJECT OF RELIEF UNDER THIS ARTICLE.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made on or before such date.
