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New York Certificate Of Relief From Disabilities FAQFrequently Asked Questions

This page was designed to help our clients better understand our New York Certificate of Relief from Disabilities service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.

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Comments (18)

Topic: New York Certificate of Relief from Disabilities FAQ
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alexander castillo
6th May 2017 12:12pm
How can I get a duplicate or copy of my certificate of relief from disability?
You can obtain a duplicate or a copy of your Certificate of Relief from Disabilities by making a request to the court which issued it, or from the Department of Corrections if the Department of Corrections issued it.  We can assist you with our case research service if you cannot remember which court issued the Certificate.
Kevin B
14th January 2016 9:28pm
I was convicted in nys of submitting a false instrument for business filing, a class e felony, in 2013. My attorney has told me that getting a certificate of relief will allow me to obtain and possess a shotgun for hunting purposes. As simply and clearly as possible, can you tell me if he is correct, or am I exclusively a fly fisherman from here on in?
I will point you in the direction of this information from the state of NY: http://www.criminaljustice.ny.gov/opca/pdfs/certificatesofrelieffromforfeituresanddisabilitiesqanda.pdf 

I would suggest reading the complete answer to Question 15.  It is a very complicated question and the answer has many parts as both the state and federal firearm laws are in play.  Please contact our office if you are interested in having us conduct a firearm rights evaluation for you and/or getting started on a NY Certificate.
30th November 2015 10:46am
Issued Certificate of Relief from Disabilities in 2011. It does not appear on rap sheet but I do have the original copy from Riverhead. The certificate was necessary in order to receive my CASAC-T from OASIS. I recently moved to San Antonio, TX. I was able to be issued my certification as an LCDC-I which required an FBI and TX public safety background check from the State of Texas. How exactly do I respond to a question for employment when it asks about felony conviction. I know it's up to their discretion to take the cert/dis into consideration and I have to answer yes to a conviction. Never did time in a state prison. No probation violations. Conviction was in 9/2003. Sentenced 60 days at Riverhead and 5 years probation. In the career field as a chemical dependency counselor, I kind of think this may help being able to relate and empathize with clients.
As you indicated, you will still need to disclose the conviction if asked on a job application.  You should inform them of the Certificate and provide a copy of the Certificate.  The case will still appear on your background check as you seem to be aware, so disclosing the case up front and providing them all the information (fact you receivde a Certificate) is in your best interest.
Jessica J.
7th October 2015 12:04pm
My question is for a friend. They are moving to NY from NJ and they have a felony conspiracy charge for theft or something of that nature. They plead guilty and never served any jail time only a fine and probation. That is the only thing they have ever been arrested for and that was about 15 years ago. Can they get a certificate of relief in NY?
If the conviction was in New Jersey, they may want to seek an expungement in NJ of that case. Once they reside in NY, they may be able to apply for a Certificate from New York to help minimize the negative impacts of that NJ conviction if they are ineligible to expunge it in NJ. Please have your friend contact our office to discuss their options in both New Jersey and New York.
William K.
6th October 2015 4:29pm
I was released from a NY state prison in April 2015 for a class c felony charge. My paperwork stated that I am eligible for a Certificate of Relief and Disabilities. Do I have to apply or will they send one automatically? If I have to apply, when can I apply and how long will it take to receive it? The court also added 2 years post release without my knowledge. Thank you for your help.
Based on what you have stated, it sounds as though you can apply immediately. I have not heard of them granting a Certificate automatically; you usually have to apply for the relief. Because you went to state prison, you will have to apply through the NY Department of Corrections and Community Supervision.  The length of time it will take to receive the Certificate depends on how busy they are at the time your application is received.  Please complete the online eligibility test today to sign up for this service online or contact our office by phone to get started. 
26th September 2015 8:21am
My girlfriend has a vehicular homicide in the 2nd degree conviction. She is constantly turned down for jobs and now something came up for a family member but she is afraid that she'll get turned down by the state because of finger printing will this certificate help get past that process? Also she has been out of prison for 8 years and finding work in insanely hard we've had to lie about her past to get work for her but we plan on getting married and having a family is there anything we can do to help with her job finding issues.
If there is a statutory prohibition against her obtaining the position than a Certifcate may remove that.  However, on the report that is returned after she is fingerprinted, the case would still appear. A Certificate does not remove a case but an entry is made and will show that states a Certificate has been granted which can greatly help with employment searches as employers will see that a court has granted that relief.  Let us know if you have any additional questions or if she is interested in having us handle the Certifcate for her. Thank you.
11th September 2015 4:38pm
Can a certificate of relief affect my chances of getting any city or government job, like corrections or any other type of officer? I have an attempted assault in the third degree charge.
A Certificate of Relief from disabilities will help your chances of getting a job and lifts the statutory disability that may apply.  If you are interested in positions that may fall under the "public office" umbrella, then a Certificate of Good Conduct would be required.  If you have any specific questions on the differences between the two services or are interested in getting started, please take the eligibility test on this site or call our office.
13th August 2015 4:13pm
I was convicted cpw3 back in 1995 in NYC. I haven't got in to any trouble since and I also relocated to Pennsylvania. Can I be eligible for certificate of relief and will that help me restore my rights to bear arms? Thank you for any information that can help.
Please take our eligibility test to see if you are eligible for Certificate at this time.  A Certificate can help remove a NY statutory firearm disability, but would not remove a federal prohibition that applies if your conviction was graded a felony. It would also not remove any prohibitions that apply to you in Pennsylvania. If you are interested in a Certificate, please contact our office or sign up online at the conclusion of the test.  At this time, your best option for restoring your rights in PA that you lost as a result of your NY case is to apply for a pardon in New York.
Jamel D.
12th July 2015 8:39am
If MTA put me out of service for not having a Certificate of Relief from Disabilities, when I get it would I be put back in service?
That is something that would be up to discretion of the MTA.  It is most likely the case that a Certificate would very much help, especially if they indicated that the Certificate is why you were put out of service in the first place. However, it will most likely not be automatic and will be left to their discretion to rehire you after the Ceriticate has been granted. A Certificate relieves you from statutory disabilities that come with a felony conviction but it will not require any agencies to hire you.
10th July 2015 7:55am
I was convicted of Attempted Sell in the 3rd degree in 1997 in New York City 18 years ago. I was granted a certificate of relief from disabilities. I now live in the state of Connecticut. Does this certificate restore my rights to get a gun permit?
A Certificate of Relief from Disabilities does not remove the federal prohibition that applies to those with a felony conviction.  Additionally, the Certificate, while helping remove the NY state firearm ban, does not need to be honored by another state in regards to restoration of fireram rights.  That is something that you could look into further to determine how Connecticut would treat the NY Certificate of Relief from Disabilities, but since it appears that you are still banned on the federal level, analyzing the state's treatment is likely not necessary.
Stevina T.
27th June 2015 3:06pm
A Buffalo New York judge (whom convicted me of assault charges in 2008) denied me certificates. After a four months process of probation interviews, proof of my nail salon ownership, pay stubs from both my current employers, I was still DENIED. I received the paper from city court this morning. The paper does not state WHY I was denied. I am told that I can reapply in six months. I began LPN SCHOOL next month. What can I do to guarantee that I get APPROVED for the certificates when I reapply? We all know nurses need to be of positive moral character. I have definitely changed. I need this certificate to obtain employment. Please help.
I am sorry to hear that your request for a Certificate was recently denied. There is no simple answer I can give to you that will guarantee your next request be approved, especially without knowing more about your case or your current circumstances.  If you would like to discuss your case further or are interested in having our firm represent you and put together the best case possible when you reapply in six months, please contact our office. Thank you.
Eric C.
5th March 2015 4:52am
Will the the Certificate of Relief (DC DPCA-52) appear in a typical background check report when a potential employer receives the background check report?
The entry of the Certificate of Relief should have been added to the official records following the court granting the relief. However, we see all the time following other record clearing relief that private background check companies provide inaccurate/old information to potential employers.  If the background check company has followed up with the court to ensure their information is up-to-date and accurate, the fact that a Certifcate has been granted should appear following the conviction information, but unfortunately it is common for the reports to not provide a complete picture.  If you are interested in our service which would help update information in commercial background check companies, please visit this page: http://www.recordgone.com/expedited-record-clearance-update.htm
Daniel F.
3rd March 2015 10:18am
I was granted a relief of disabilities in November of 1973, and I have never been arrested since then.  Can this help me in getting a real estate salesman license?
Yes, a Ceritifcate for Relief of Disabilities can definitely help you obtain a real estate salesman license in New York. It can however depend on the exact wording of the relief granted at the time it was issued.  If it only specifically relieved certain disabilities, you could file for a supplemental one at this time to include relief from the disability to obtain this specific license. From the New York State Department of Corrections and Community Supervision: "A Certificate of Relief may remove any mandatory legal bar or disability imposed as a result of conviction of the crime or crimes specified in the certificate. ... Note that removing mandatory legal bars restores your right to apply and be considered for employment or license, but does not guarantee it will be granted."  The Certificate may allow you to apply and allows them to grant the license, but does not require them to do so. 
Vicky S.
1st March 2015 2:34pm
What if the job do background check or fingerprint back ground check if you have a certificate of release of disability what will they see if they search my name and fingerprint? I would just like to know.
This question is addressed above under the "Updating of Records and Background Checks After Certifcate" section.  The case and the conviction will still appear, but there will be an entry added to that case which indicates the Certificate of Relief from Disabilities has been granted. This allows a potential employer to know that the court has found you rehabilitated, but the fact of the conviction is not removed from your records.
Dee mann
9th October 2014 8:01pm
How do I get copies of my certificate of relief? I need them for a job.
Amy B.
7th May 2015 12:35pm
I received a Certificate of Relief from Disabilities in 2005 or 2006 so that I could get a real estate license. I got another job and never actually applied for the license. Now I want to apply for a real estate license but can't find the certificate that was sent to me. How do I get a copy in the most expeditious manner? I pled guilty to a felony in 2004 in the Criminal Court of New York County. Thanks for your anticipated response.
If your Certificate was granted from the court, you should be able to contact the court directly and request a copy of the Certificate of Relief that was granted.  If you would like assistance with getting a copy of the Certificate or other court documents, please contact our office and we can obtain these documents on your behalf.  Thank you.
2nd October 2014 5:37pm
Will a certificate of relief or certificate of good conduct restore my right to own a firearm?
25th September 2014 6:28am
I have box A checked. Is that appropriate to get my pistol license back? My attorney said it is, while the police department said that it wasn't.

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