New York Consolidated Laws

N.Y. Correction Law § 701 (2026)

Certificate of relief from disabilities

✓ current as of May 2026

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§ 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.
  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.

Notes of Decisions

Cited in 48 cases (3 in the last 5 years), 1976–2025 · leading case: Hodes v. Axelrod, 515 N.E.2d 612 (NY 1987).

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Hodes v. Axelrod, 515 N.E.2d 612 (NY 1987). · cites it 4× “, 2 NY2d 464, 467 , appeal dismissed 355 US 394 ) — was impermissibly at odds with Correction Law § 701, barring automatic revocation of petitioners’ operating certificate ( 56 NY2d 930 , rearg denied 57 NY2d 775 ).”

Doe v. United States, 168 F. Supp. 3d 427 (E.D.N.Y 2016). · cites it 3× “N.Y. Correct. Law § 701 (2) (emphasis added).”

Matter of Weissenburger v. Annucci, 2017 NY Slip Op 7661 (N.Y. App. Div. 2017). · cites it 2× “A certificate of relief from disabilities is granted “to relieve an eligible offender of any forfeiture or disability, or to remove any bar to his [or her] employment, automatically imposed by law by reason of his [or her] conviction” (Correction Law § 701 [1]). Such a…”

Arrocha v. Bd. of Educ., 712 N.E.2d 669 (NY 1999). “As evidence of rehabilitation, petitioner submitted to the Board a certificate of relief from disabilities, designed to remove any automatic bar to employment or licensure (see, Correction Law § 701). He also provided five current letters of recommendation, attesting to his…”

Luviano, 21 I. & N. Dec. 235 (BIA 1996). · cites it 2× “225 (1993) (honorable discharge from probation); N.Y. Correct. Law § 701 (McKinney 1994) (certificate of relief from disabilities); Ohio Rev.”

Hecht v. Bivona, 306 A.D.2d 410 (N.Y. App. Div. 2003). · cites it 2× “” This unrestricted certificate of relief from disabilities removed the automatic bar to an application for, and issuance of, a pistol permit (see Correction Law § 701 [2]; Matter of Hines v Kelly, 222 AD2d 277, 278 [1995]; 1975 Ops Atty Gen [Inf Ops] 306; 1971 Ops Atty Gen 8).”

Pennsylvania State Police v. Viall, 774 A.2d 1288 (Pa. Commw. Ct. 2001). “See Correction Law § 701(1). Additionally, as Viall noted in his brief, the right to hold public office is automatically restored upon completion of one's sentence.”

People v. Serrano, 81 A.D.3d 753 (N.Y. App. Div. 2011). “Although, as the County Court correctly determined, the defendant was an “eligible offender” within the meaning of Correction Law § 701 (1) (see Correction Law § 700 [1] [a]), the defendant did not satisfy the further statutory requirements for the issuance of such a certificate…”

Matter of Ogundu v. State of N.Y. Dept. of Health, State Bd. for Prof'l Med. Conduct, 2020 NY Slip Op 06986 (N.Y. App. Div. 2020). “Similarly, petitioner's receipt of a certificate of relief from disabilities arising from her convictions did not "in any way prevent" the ARB from exercising "its discretionary power to" revoke her medical license (Correction Law § 701 [3]; see Matter of Pietranico v Ambach ,…”

In re Alarie, 168 Misc. 2d 329 (1996). · cites it 2× “(Correction Law § 701.) No special provision was made on either certificate concerning possession, ownership or use of guns for hunting and recreational purposes.”

In re Sugarman, 51 A.D.2d 170 (N.Y. App. Div. 1976). “” (Correction Law § 701, subd 3.) Further, we note that even the certificate of relief from disabilities is not a complete relief from disabilities.”

Frederick v. Civil Serv. Comm'n, 175 A.D.2d 428 (N.Y. App. Div. 1991). “Respondents have discretion in considering the prior convictions and moral character of applicants for appointment as police officers (see, Civil Service Law § 50 [4] [d]; § 58 [1] [d]; Matter of Shedlock v Connelie, 66 AD2d 433 , affd on opn below 48 NY2d 943 ), notwithstanding…”

Show all 48 citing cases →

— N.Y. Correction Law § 701(1) — 1 case

— N.Y. Correction Law § 701(2) — 1 case

People v. Harris, 2025 NY Slip Op 51550(U) (N.Y. Sup. Ct., Bronx Cty. 2025).

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