701 - Certificate of relief from disabilities.

§  701.  Certificate  of relief from disabilities. 1. A certificate of  relief from disabilities may be granted as provided in this  article  to  relieve  an  eligible  offender  of  any forfeiture or disability, or to  remove any bar to his employment, automatically imposed by law by reason  of his conviction of the crime or of the offense specified therein. Such  certificate may be  limited  to  one  or  more  enumerated  forfeitures,  disabilities  or  bars,  or  may  relieve  the  eligible offender of all  forfeitures, disabilities and bars.  Provided,  however,  that  no  such  certificate shall apply, or be construed so as to apply, to the right of  such person to retain or to be eligible for public office.    * 2.  Notwithstanding  any  other provision of law, except subdivision  five of section twenty-eight hundred six of the  public  health  law  or  paragraph  (b) of subdivision two of section eleven hundred ninety-three  of the vehicle and traffic law, a conviction of a crime or of an offense  specified in a certificate of relief from disabilities shall  not  cause  automatic  forfeiture  of  any  license,  other  than  a  license issued  pursuant to section 400.00 of the penal law to a person convicted  of  a  class  A-I felony or a violent felony offense, as defined in subdivision  one of section 70.02 of the penal law, permit, employment, or franchise,  including the right to register for or vote at an election, or automatic  forfeiture of any  other  right  or  privilege,  held  by  the  eligible  offender  and  covered  by the certificate. Nor shall such conviction be  deemed to be a conviction within the meaning of  any  provision  of  law  that  imposes,  by  reason  of  a conviction, a bar to any employment, a  disability to exercise any right, or a disability to  apply  for  or  to  receive  any license, permit, or other authority or privilege covered by  the certificate; provided, however, that a conviction for  a  second  or  subsequent  violation  of  any  subdivision  of  section  eleven hundred  ninety-two of the vehicle and traffic law committed within the preceding  ten years  shall  impose  a  disability  to  apply  for  or  receive  an  operator's  license during the period provided in such law; and provided  further, however, that a conviction for a class A-I felony or a  violent  felony  offense,  as  defined in subdivision one of section 70.02 of the  penal law, shall impose a disability to apply for or receive  a  license  or  permit  issued  pursuant  to  section  400.00  of  the  penal law. A  certificate of relief from a disability imposed pursuant to subparagraph  (v) of paragraph b  of  subdivision  two  and  paragraphs  i  and  j  of  subdivision  six  of section five hundred ten of the vehicle and traffic  law  may  only  be  issued  upon   a   determination   that   compelling  circumstances warrant such relief.    * NB Effective until October 1, 2011    * 2.  Notwithstanding  any  other provision of law, except subdivision  five of section twenty-eight hundred six of the  public  health  law  or  paragraph  (b) of subdivision two of section eleven hundred ninety-three  of the vehicle and traffic law, a conviction of a crime or of an offense  specified in a certificate of relief from disabilities shall  not  cause  automatic  forfeiture  of  any  license,  other  than  a  license issued  pursuant to section 400.00 of the penal law to a person convicted  of  a  class  A-I felony or a violent felony offense, as defined in subdivision  one of section 70.02 of the penal law, permit, employment, or franchise,  including the right to register for or vote at an election, or automatic  forfeiture of any  other  right  or  privilege,  held  by  the  eligible  offender  and  covered  by the certificate. Nor shall such conviction be  deemed to be a conviction within the meaning of  any  provision  of  law  that  imposes,  by  reason  of  a conviction, a bar to any employment, a  disability to exercise any right, or a disability to  apply  for  or  to  receive  any license, permit, or other authority or privilege covered by  the certificate; provided, however, that a conviction for  a  second  orsubsequent  violation  of  any  subdivision  of  section  eleven hundred  ninety-two of the vehicle and traffic law committed within the preceding  ten years  shall  impose  a  disability  to  apply  for  or  receive  an  operator's  license during the period provided in such law; and provided  further, however, that a conviction for a class A-I felony or a  violent  felony  offense,  as  defined in subdivision one of section 70.02 of the  penal law, shall impose a disability to apply for or receive  a  license  or permit issued pursuant to section 400.00 of the penal law.    * NB Effective October 1, 2011    3.  A  certificate  of relief from disabilities shall not, however, in  any way prevent any judicial, administrative, licensing or  other  body,  board or authority from relying upon the conviction specified therein as  the  basis  for  the  exercise  of  its  discretionary power to suspend,  revoke, refuse to issue or refuse to renew any license, permit or  other  authority or privilege.