N.Y. Correction Law § 703-b: Issuance of certificate of good conduct

§ 703-b. Issuance of certificate of good conduct. 1. The department of

corrections and community supervision shall have the power to issue a

certificate of good conduct to any person previously convicted of a

crime in this state, when the department is satisfied that:

(a) The applicant has conducted himself or herself in a manner

warranting such issuance for a minimum period in accordance with the

provisions of subdivision three of this section;

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

rehabilitation of the applicant; and

(c) The relief to be granted is consistent with the public interest.

2. The department shall have the power to issue a certificate of good

conduct to any person previously convicted of a crime in any other

jurisdiction, when the department is satisfied that:

(a) The applicant has demonstrated that there exist specific facts and

circumstances, and specific sections of New York state law that have an

adverse impact on the applicant and warrant the application for relief

to be made in New York; and

(b) The provisions of paragraphs (a), (b) and (c) of subdivision one

of this section have been met.

3. The minimum period of good conduct by the individual referred to in

paragraph (a) of subdivision one of this section, shall be as follows:

where the most serious crime of which the individual was convicted is a

misdemeanor, the minimum period of good conduct shall be one year; where

the most serious crime of which the individual was convicted is a class

C, D or E felony, the minimum period of good conduct shall be three

years; and, where the most serious crime of which the individual was

convicted is a class B or A felony, the minimum period of good conduct

shall be five years. Criminal acts committed outside the state shall be

classified as acts committed within the state based on the maximum

sentence that could have been imposed based upon such conviction

pursuant to the laws of such foreign jurisdiction. Such minimum period

of good conduct by the individual shall be measured either from the date

of the payment of any fine imposed upon him or her or the suspension of

sentence, or from the date of his or her unrevoked release from custody

by parole, commutation or termination of his or her sentence. The

department shall have power and it shall be its duty to investigate all

persons when such application is made and to grant or deny the same

within a reasonable time after the making of the application.

4. Where the department has issued a certificate of good conduct, the

department may at any time issue a new certificate enlarging the relief

previously granted.

5. Any certificate of good conduct by the department to an individual

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 individual 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.