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This entry was published on 2019-04-19
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SECTION 701
Certificate of relief from disabilities
Correction (COR) CHAPTER 43, ARTICLE 23
§ 701. Certificate of relief from disabilities. 1. A certificate of
relief from disabilities may be granted as provided in this article to
relieve an eligible offender of any forfeiture or disability, or to
remove any bar to his employment, automatically imposed by law by reason
of his conviction of the crime or of the offense specified therein. Such
certificate may be limited to one or more enumerated forfeitures,
disabilities or bars, or may relieve the eligible offender of all
forfeitures, disabilities and bars. Provided, however, that no such
certificate shall apply, or be construed so as to apply, to the right of
such person to retain or to be eligible for public office.

2. Notwithstanding any other provision of law, except subdivision five
of section twenty-eight hundred six of the public health law or
paragraph (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 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, employment, 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.

3. A certificate of relief from disabilities shall not, however, in
any way prevent any judicial, administrative, licensing or other body,
board or authority from relying upon the conviction specified 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.