Conviction Consequences - Remedies

CERTIFICATE OF RELIEF FROM DISABILITIES

New York State does not delete or expunge records-it only seals them. However, misdemeanor and felony convictions can never be sealed.

The following clearly illustrates the need to be cognizant of the civil consequences of an offense or crime.

• A plea to a disorderly conduct, which is a violation and not a criminal offense, makes a person presumptively ineligible for New York City Public housing for three years
• Two convictions for turnstile jumping makes a lawful permanent resident non-citizen deportable
• A conviction of any crime bars a person from being a barber, boxer or bingo operator
• Possession of a marijuana cigarette cuts off federal student aid.

New York State does provide measures however, to remove the statutory bars imposed because of convictions and provides a rebuttable “presumption of rehabilitation.” New York issues a Certificate of Relief from disabilities (CRD) - which relieves the automatic forfeitures and disabilities, including felony disenfranchisement that are automatically imposed by law as a result of the conviction.

• It can be limited to particular disabilities or specifically except certain disabilities , such as those against firearms possession
• The Court or board of Parole may at any time issue a new CRD to enlarge the relief granted

New York State also allows for a certificate of Good conduct that lifts felony or misdemeanor bars to “public offices.”

A client who is well informed of the civil consequences that ensues from an arrest or criminal conviction is prepared to make intelligent decisions regarding the disposition of his case. The client will therefore make a decision that is truly in his best interest and the lives of his loved one’s as well.

Bruce Richardson