Certificates of Relief from Disability & Certificates of Good Conduct Why They Are So Important and How to Get Them reentry.net/ny Copyright ©The Bronx Defenders March 2007

Underlying Themes More than 6 million people in New York State have criminal records – about 1 in 3 In 2005, almost 70% of adult arrests were for misdemeanors or violations –Only 8% for violent felonies 87% of all convictions were for misdemeanors or violations in 2004

Underlying Themes More than 1 in 3 people arrested are never convicted of any crime or offense, yet still can suffer drastic consequences: –Widespread availability of criminal history data –80% of large corporations perform background checks- up from 51% 8 years ago –Landlords increasingly run background checks that turn up arrest records

Laws Prohibiting Discrimination Arrests –New York State and New York City Human Rights Laws prohibit public or private employers from denying an individual a job because of an arrest that did not result in a conviction. (Executive Law §296(16)); (NYC Admin. Code § 8-107(11)) Convictions –New York State and City Human Rights and Correction Laws prohibit an employer from having a blanket policy against hiring anyone with a criminal record. (Executive Law §296 (15) & (16); (NYC Admin. Code § (11)) and Correction Law §§ ) –It is illegal to deny an ex-offender a job or license because of his or her conviction unless: Conviction “directly related” to job in question or Hiring the person would create an “unreasonable risk” to safety of people or property.

Convictions & Dispositions Charges & Convictions Felony – serious crime; carries one year or more in prison, no maximum sentence. Class A-E Misdemeanor – Less serious crime; carries up to 1year in jail or 3 years probation; Class A, B, Unclassified Violation – Non-criminal offense, maximum15 days in jail Favorable Dispositions Dismissal / Decline Prosecution No True Bill Acquittal Adjournment in Contemplation of Dismissal (ACD) Vacating or Setting Aside Conviction

Youth & Criminal Records Juvenile Delinquent –Family court (youths under 16) –NOT a conviction Sealed for civil purposes; can sometimes be seals for criminal justice purposes Youthful Offender Adjudications –Adult criminal court (Age 16-19) –NOT a conviction; Sealed except for criminal justice Juvenile Offender –Criminal Court (youth aged 16-19) –Considered a conviction; Not sealed

Criminal History Data Types of Rap Sheets

Division of Criminal Justice Services (DCJS) Official repository of NYS criminal records; Fingerprint-Based Who Has Access? –Every individual entitled to own copy with complete information, including sealed records –Criminal Justice agencies have access to complete information, including sealed records –Other Government agencies have access to rap sheets but not to sealed records Public Employers; Occupational Licensing Agencies; Child Care Agencies; Hospitals; Museums; Home Health Aid Agencies; Financial Institutions; School Bus Driving Companies.

How to Get a DCJS Rap Sheet If possible, ask the defense attorney who represented the client File “Request for Record Review” with DCJS: New York Division of Criminal Justice Services: Record Review Unit 4 Tower Place Albany, New York Ph: (518) (include fingerprint card with request) $50.00 fee- free if incarcerated for more than 45 days or if proof of indigency (Medicaid for Food Stamp Card) DCJS sends a copy of rap sheet along with “Statement of Challenge” form

Office of Court Administration (OCA) “Criminal History Background Search” is based on name and date of birth Reports always show “underlying charges” when client pleads guilty or is acquitted of some charges Who has access? –Anyone – publicly available for a fee of $52 –No need to obtain permission or release –Individuals not entitled to own free copy Recent Policy Change – OCA CHRS no longer reports sealed non-criminal offenses

Credit Reporting Agencies (CRA) Criminal history reports based on information purchased in bulk from the Office of Court Administration (OCA) Records of criminal convictions can remain on the report indefinitely Who Has Access? –Anyone – hundreds of companies produce slightly different reports, slightly different pricing Covered by FCRA –Individuals may see a copy of a CRA used by employer to make a decision –May not report on sealed violations (often do )

Police Agencies Maintains their own criminal histories of all NYC arrests (electronic & paperwork) The NYPD sells a “Good Conduct Certificate,” a history of NYC arrests.  Fee is $30  Not the same as a Certificate of Good Conduct, and does not demonstrate rehabilitation or remove legal barriers

FBI Records All federal and some state convictions No guarantee they will comply with a state’s sealing or expungement laws Performed more fingerprint-based background checks for civil than criminal purposes for the first time in 2002 Recent report – extensive errors –Of 174 million arrests on file, only 45% have dispositions

Additional Sources of Criminal History Information WebCrims –Also run by Office of Court Administration –Name-based search –Covers NYC, Nassau, Suffolk DOCS & DOC Inmate Look-Ups –Links on Reentry Net DCJS Sex Offender Registry –Search by name on website or phone hotline

Common Rap Sheet Errors Arrests with no disposition Mistaken arrests or charges Erroneous or incomplete sentencing information Duplication of entries Cases that should be sealed but aren’t Open bench warrants

Certificates that Demonstrate Rehabilitation

Importance Can prevent evictions and preserve employment Remove statutory bars to employment, licensing (including healthcare agency licensing), or public housing residency, imposed because of a criminal conviction Provide a “presumption of rehabilitation,” meaning that you should not be rejected for employment or refused a license just because of your conviction, unless your conviction has a direct bearing on your ability to perform the job. Do not seal or expunge but appear on rap sheet beside conviction

What Certificates Can’t Do Does not completely protect against denial of a job or license because of a criminal record It is not a pardon It does not erase or seal the conviction record Convictions must still be disclosed on job applications Does not remove restrictions for certain government benefits or educational benefits Jury Service – still left to Jury Commissioner’s discretion

Certificate of Relief from Disabilities Eligible: Individuals with one felony or fewer Apply for one CRD for each conviction Apply at Sentencing Court –At time of sentencing –Any time after sentencing Federal or out of state convictions – apply through Division of Parole in Albany (same application as CGC)

How to Apply for a CRD From Court of Sentencing (submit application to Court Clerk) –One-page application form for each conviction (Form available on Reentry Net) –Cover letter and evidence of rehabilitation –Appointment for interview with Probation Officer –Probation Officer makes recommendation to Judge –If approved, Court mails the CRD(s) to the applicant –Wait time is approximately 3-9 months, depends on borough

How to Apply for a CRD From the Division of Parole –Longer application form (also available on Reentry Net and Parole websites) –Additional evidence of rehabilitation –Parole will perform an investigation –Process takes at least six months but can be expedited if letter with compelling reason is submitted

Certificate of Good Conduct Eligible: Individuals with multiple felony convictions Waiting period (based on most serious conviction) –A & B Felonies: 5 years from completion of sentence –C,D, & E Felonies: 3 years –Misdemeanors: 1 year Apply through Division of Parole in Albany

Public Office Some statutory bars to public office can only be overcome with a Certificate of Good Conduct –Examples: police, firefighter, court officer, notary public, some elected offices, other law enforcement jobs –Ask the employer or licensing agency whether a job is defined as “public office” “Good Moral Character”