OBTAINING A CERTIFICATE FOR RELIEF FROM DISABILITES IN NEW YORK
Show the World You've Changed and Restore Your Rights
Having a conviction on your record makes life difficult, even long after you’ve paid your debt to society. Everyone knows they make getting jobs more difficult and may take away your Second Amendment right to own a gun, but convictions also limit more opportunities and remove more rights than you may know. For example, two convictions for jumping a subway turnstile can get a green card holder deported.
A New York conviction can restrict so many different rights that the Columbia Law School created a calculator to help you determine which rights your conviction may have affected. A felony conviction removes your right to own a firearm under federal law. Even after serving your sentence, a conviction can restrict your civil rights forever.
The list of rights affected by convictions is too long to list here, but a conviction can limit you from getting the job you want, obtaining housing, getting professional licenses, legally owning a firearm, qualifying for government programs, and receiving student loans. A conviction on your criminal record may also prevent you from adoption, affect your immigration rights, and limit many other rights which would otherwise be available. Thankfully, New York law provides a process to restore many of those rights.
A Certificate for Relief from Disabilities may restore many of the rights taken away by conviction, including your right to own a firearm. If you do not qualify for a Certificate for Relief From Disabilities, you may qualify for a Certificate of Good Conduct, which can also restore certain rights that have been taken away.
Our law firm has helped thousands of clients restore their rights after a conviction, and we hear success stories from them often. If a conviction in New York is holding you back in life, keep reading to see what you can do about it.
This Information Is For You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.
Eric David is a native Hoosier and with a broad range of professional experience in the US and China. He is a trained social worker and a licensed attorney in Indiana and New York.
Since finishing his undergraduate studies at Purdue University, he has worked for non-profits, government agencies, private firms, and international institutions.
In all his work, he is passionate about helping his clients solve problems and be the best they can be. Mr. David resides in Indianapolis with his partner and their two greyhounds.
Can You Apply for a Certificate for Relief from Disabilities?
It is relatively easy to qualify for a Certificate for Relief from Disabilities under New York law (COR § 700) if you do not have more than one felony conviction. When counting how many convictions are on your record, there are two important rules to remember:
Multiple felony counts on the same indictment count as one felony conviction.
Separate felony indictments with separate charges made in the same court count as one conviction, as long as none of the indictments were resolved prior to the additional indictments being filed.
- General Requirements for a Certificate of Relief from Disabilitiesexpand_more
You may apply for a Certificate for Relief from Disabilities at any point starting at sentencing. Although you can request one while being sentenced, your chances to get a Certificate for Relief from Disabilities are typically much better with more time passing since completing your sentencing.
- Is a Certificate for Relief from Disabilities Your Best Solution?expand_more
It depends on what’s important to you. If you want to pass background checks for employment or housing, Record Sealing is likely you best option. However, qualifying to seal a conviction is much more difficult, so if you cannot seal your record, a Certificate for Relief from Disabilities is typically the best solution. If you want to learn more about sealing convictions, please visit our New York Record Sealing page.
If you care more about restoring your gun rights, a Certificate for Relief from Disabilities or Certificate of Good Conduct will often be your best option, as record sealing has no effect on restoring your Second Amendment rights. For more information on restoring your Second Amendment rights, go to our New York Firearm Rights Restoration page.
Legal Effect Of Getting a Certificate for Relief from Disabilites
Although a Certificate for Relief from Disabilities will not remove a conviction from your record, it is often the best available remedy when you have more than one felony or are only concerned with restoring your firearm rights.
When it comes to Certificates for Relief from Disabilities, the two most common questions our firm is asked are related to how they help with employment, and if they restore firearm rights.
- How will a Certificte for Relief from Disabilites Help Me Get a Job?expand_more
A Certificate for Relief from Disabilities will not help you pass a background check, but it should improve your employment prospects, as it is an official document demonstrating rehabilitation. Most importantly, a Certificate for Relief from Disabilities can remove bars to applying for certain jobs, getting certain required professional licenses, and can also make you eligible for government programs that convictions restrict you from.
- Will a Certificate for Relief from Disabilities Restore My Second Amendment Rights?expand_more
Sometimes. A Certificate for Relief from Disabilities may be granted and restore your firearm rights, but the judge can also grant it without restoring your firearm rights. In most cases, the decision to restore your firearm rights is up to the judge’s discretion. If you are banned from owning a firearm under federal law, the judge cannot restore your firearm rights with a Certificate for Relief from Disabilities, and judges are hesitant to restore firearm rights when you’ve been convicted of a Class A Felony or a violent offense.
In our firm’s experience, it is more likely for a judge to restore firearm rights when the conviction was for a non-violent crime that happened a long time ago. Some counties are also more likely to restore firearm rights than others. Judges evaluate your behavior after being convicted and are typically more likely to restore your firearm rights when you’ve led a lawful life since conviction and have a legitimate need for a firearm.
We will go into more detail regarding restoring Second Amendment rights in New York on our New York Firearm Rights Restoration page, but restoration typically involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.
What You Need to Do to Get Rid of Your Record
If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.Some of the Potential Benefits of Obtaining a Certificate of Good Conduct in New York Include:
Removing a finding of guilt and closing the case on your criminal record to help you get a better job
Restoring your Second Amendment Rights to own a firearm
Becoming eligible for professional licenses you previously did not qualify for
Increased eligibility for student loans, housing assistance, and government programs
Improving your ability to obtain higher-paying job opportunities
Improving access and admission to college and other educational resources
We Are Here to Help
Each of New York's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what New York criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of New York criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a New York criminal record.
You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all New York state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!