N.Y. Correction Law § 701: Certificate of relief from disabilities

§ 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.