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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27722
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What is Correction Law § 753s Statute of Limitations?How

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What is Correction Law § 753’s Statute of Limitations?

How do I get a Certificate of Relief from Disabilities?
Hello Jacustomer,

I'm a NYS Criminal lawyer.

You can get a certificate of relief from civil disabilites, by applying to the Department of Parole. Here is the application form which will explain just what it will and won't do. But basically, the Certificate will not erase your conviction(s) but if granted it will restore your civil rights.

The Certificate of Good Conduct will restore your right to sit on a jury, to run for office AND -- but only if explicitly granted when you get it back -- your gun rights. The Certificate of relief will not restore your right to run for office and will not give you back full gun rights. Make sure you know which of the two certificates you really want before you apply.

You don't need a lawyer to fill out the form for you.

I am not sure why you are interested in Correction Law § 753. Basically, if you haven't yet received a Certificate of Relief and been denied employment because of your criminal record, it doesn't apply yet. The section just defines when a NYS employer is allowed to deny you a job because of your record, even with the certificate.

If you are asking whether or not it ever gets too late to apply for the Certificate, the answer is no. In fact, the longer the period of time and the longer you have stayed out of difficulty with the law, the better a candidate for the certificate that you are.

If you're looking to sue an employer, in general, it would be 3 years. If there was an employment contract you'd have 6.

I think I have answered your question but use the reply tab below if you have anything further.
Customer: replied 4 years ago.

Great answer, thank you.


 


To be sure I understand, only after obtaining a Certificate of Relief does Correction Law §§ 752, 753 protect me from discrimination, i.e. employers can discriminate against me based on my prior misdemeanor conviction, even if the crime has nothing to do with the job?


 


Maybe I have a cause of action for violations of NYS Human Rights Law or the due process clause of the NYS and US Constitutions (I recognize your expertise is crim...)...


 

Hi Clif,

My understanding is that if you have an arrest that did not lead to a conviction a New York employer cannot use that arrest to deny you a job, nor can a NY agency deny you a license.

Once there is a conviction, however, that's another matter unless you have a certificate of relief from civil disabilities or a certificate of good conduct. With one, you can only be denied a job if the offense is one that would relate somehow to the nature of the employment.

Otherwise, I believe convicted NYS offenders would not be a protected class from a discrimination suit. You can see some information on this here published by the Legal Aid Society. (see link). There's a great chart of the consequences of a NYS felony conviction here published by the NYS bar association (See link)


Zoey_ JD and 4 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

If I give you a JustAns "tip" for a great answer, am I or JustAns paying?

Hi Clif,

If you've got a subscription JA covers your payment, but tips are optional and would come out of your own pocket.
Customer: replied 4 years ago.

Thanks.

Thank you!