N.Y. Correction Law § 703: Certificates of relief from disabilities issued by the department of corrections and community supervision

§ 703. Certificates of relief from disabilities 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 to:

(a) any eligible offender who has been committed to an institution

under the jurisdiction of the state department of corrections and

community supervision. Such certificate may 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;

(b) any eligible offender who resides within this state and whose

judgment of conviction was rendered by a court in any other

jurisdiction.

2. Where the department has issued a certificate of relief from

disabilities, the department may at any time issue a new certificate

enlarging the relief previously granted.

3. The department shall issue a certificate of relief from

disabilities pursuant to subdivisions one or two of this section, when

the department is satisfied that:

(a) The person to whom it is to be granted is an eligible offender, as

defined in section seven hundred of this article;

(b) The relief to be granted by the certificate is consistent with the

rehabilitation of the eligible offender; and

(c) The relief to be granted by the certificate is consistent with the

public interest.

4. Any certificate of relief from disabilities 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

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 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 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.