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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27435
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I live In west virginia but felonies in New York I am a convicted

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I live In west virginia but felonies in New York
I am a convicted felon in New York State. I received a certificate of good conduct years ago. It's been 30+ years since my last conviction. One felonies of drug offenses ever. I would like my rights restored. I recently wrote to the division of parole to see if they could please remove that restriction that was typed on my parole papers and certificate of good conduct but they responded with a quick "No". My question is what can I do to get my rights restored? I'm now a responsible family person and business owner
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hi Jacustomer,

Unfortunately, short of a pardon from the governor of New York, which are almost never given, the Certificate of Good Conduct is the vehicle which was specifically designed to allow an ex felony offender the opportunity to get all of your rights restored in NYS. I assume that the one specifically denied you -- yes, they can do that -- is your firearms right. State law allows Parole to restrict which rights they restore on either the Certificate of Relief from Civil Disabilities or the Certificate of Good Conduct.

So if Parole is immovable, about the only other thing I can think of to try, except for reapplying to parole to lift the restriction every now and then, is to hire an attorney and see if he can get you back in court to get the old felony dismissed in the interest of justice. Frankly, it's a longer than long shot, may cost you a lot of money and may get you absolutely nowhere, but if the DA on the case wouldn't oppose the dismissal after over 30 years of exemplary behavior, the judge might consider it.

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