Section 4 - Restoration of Rights

1) ARE THERE PROTECTIONS AGAINST DISCRIMINATION BASED ON CRIMINAL CONVICTIONS?

Yes, unless you have a mandatory disability imposed on you by law. Otherwise, employers and licensing agencies are prohibited from denying your application because of a criminal record unless:

a. There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought; or,

b. The issuance of the license or the granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

2) WHAT IS MEANT BY “MANDATORY DISABILITIES?”

As a result of felony and certain misdemeanor convictions, you may be prohibited by law from engaging in certain types of employment and from applying for certain types of licenses. These disabilities may continue even after completion of the sentence imposed by the court.

3) FROM WHAT LICENSES AND EMPLOYMENT ARE OFFENDERS BARRED?

Legal bars to licenses and employment are contained in various laws enacted by the State Legislature. Some examples include employment as security guard, private investigator, insurance broker and many local civil service positions, as well as licenses to sell liquor wholesale or retail, and licenses for real estate brokers and notary publics. This is not a complete list.

4) HOW MAY MANDATORY DISABILITIES BE REMOVED?

DOCCS, in its discretion, may issue a Certificate of Relief from Disabilities. A certificate may remove mandatory disabilities in general or only those specifically indicated by DOCCS.

5) WHO IS ELIGIBLE FOR A CERTIFICATE OF RELIEF?

By law, you are eligible for a Certificate of Relief if you have not been convicted of more than one felony. For this purpose, two or more felony convictions stemming from the same indictment count as one felony.

A Certificate of Relief may be issued upon an eligible individual’s release from a correctional facility or at any time thereafter.

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