SEEDCO Community Partner Training October 28, 2010 Kate Rubin, The Bronx Defenders Certificates of Relief from Disabilities & Good Conduct 1

Background Information Dispositions Types of Convictions 2

Disposition: What Happens at the End of the Criminal Case? Favorable Disposition - Sealed Dismissal, Declined Prosecution, Adjournment in Contemplation of Dismissal, Not Guilty, etc. Conviction Plead Guilty (to a violation, misdemeanor, felony) Convicted at trial Youthful Offender (aged 16, 17, or 18) 3

Types of Convictions Felony – serious crime; carries one year or more in prison, no max 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, sealed for civil purposes 4

Certificates of Relief from Disabilities & Certificates of Good Conduct 5

Importance At sentencing - can prevent evictions and preserve employment A person who is living with family in public housing may be able to stay in the household – and avoid homelessness – with the help of a Certificate Someone currently working can use a Certificate to maintain a job or license – which are essential to successful reentry – after an arrest and conviction 6

Importance Post-Sentence: remove legal bars to employment, licensing or public housing residency Ex., Security Guard – Mandatory bar for any felony conviction, any drug misdemeanor Ex., Health Care jobs – Mandatory bar for many felony convictions within the past ten years, including any drug-related felony Ex., Public Housing – A single violation conviction can lead to two years of NYCHA ineligibility 7

Importance Provide a “presumption of rehabilitation” for employment purposes Can be used to advocate for an employer to consider a client’s application Also important if an employer or agency is sued for unlawful discrimination 8

Importance Do not seal or expunge but appear on rap sheet beside conviction Client still has to disclose conviction when applying for job Letter on Reentry Net explains significance of Certificate and how employers should consider it Letter on Reentry Net 9

Importance Restore the right to vote for people on Parole 10

What Certificates Can’t Do Certificates can’t completely protect against denial of a job or license because of a criminal record They are not pardons They do not erase or seal the conviction record Convictions must still be disclosed on job applications They do not remove restrictions for federal government benefits or educational benefits Jury Service – still left to Jury Commissioner’s discretion 11

Statutory Authority Correction Law Article 23 (§ ) Created by the legislature with the specific intent of helping people overcome barriers, or “civil disabilities” that arise from convictions 12

Two Types of Certificates Certificates of Relief from Disabilities (CRD) Certificates of Good Conduct (CGC) 13

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 OR Any time after sentencing Federal or out of state convictions – apply through Division of Parole in Albany (same application as CGC) 14

How to Apply for a CRD From Sentencing Court (submit application to 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 2-6 months, depends on borough 15

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 months 16

Certificate of Good Conduct Eligible: Individuals with multiple felony convictions Waiting period (based on most serious conviction; clock starts from last 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 – same process as for CRD 17

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” 18

Evidence of Rehabilitation Important at each step of the process – bring to interview with Probation or Parole officer Examples: Transcript or letter from school or training program Letter from employer or volunteer supervisor Certificate and letter from counseling or social services program Letter from clergy or other community leader Letter from Probation or Parole officer Excellent handout from Legal Action Centerhandout from Legal Action Center 19

Conviction History Information 20 All applications for CRD’s or CGC’s require that the applicant list his or her conviction history Ask client if she already has a copy of her rap sheet If all convictions were in the same borough, client can go to the court clerk’s office and get certificates of disposition Ask your legal services provider if they can run fingerprints or have access to a court database

Client Interview & Application Process 21

Provide Overview Explain Certificates, importance, limitations Explain employment protections for people with convictions, with or without a certificates Provide additional resources and referrals as necessary 22

Step 1 – Rap Sheet Do you have a copy of your criminal history? If not, do you know all of the counties where you have been arrested or convicted? If yes, you can go to the clerk’s office in each borough to get Certificates of Disposition 23

Step 2 – Open Cases Do you have any open cases or bench warrants? If open cases, must wait until case is over to apply, but give information & resources If bench warrant, refer back to public defender to clear 24

Step 3 - Eligibility Are you eligible for a CRD or CGC? CRD – one felony and any number of misdemeanors. Apply through court where sentenced for each conviction. If you served upstate time on the felony, apply through Division of Parole for the CRD for the felony. CGC – any number of felonies, with the following waiting periods after release from prison or payment of fines: A & B Felonies – 5 years C, D, & E Felonies – 3 years Misdemeanor – 1 year 25

Step 4 – Forms Personal information Conviction history – from rap sheet For the longer Parole applications, fill out as much as possible(OK if unable to answer some questions) 26

Step 5 - Supplements Evidence of rehabilitation Letters from employers, volunteer supervisors, clergy; school transcripts; certificates of completion from programs; etc. Make list with client of evidence to gather Client narrative Work with client to write a narrative or cover letter. 27

Step 5 – Submit Application Notarize forms Attach supplements, cover letter, etc. To apply through sentencing court: Clerk’s office – see CSS handout for addresses To apply through Board of Parole, mail to: Certificate Review Unit NYS Division of Parole 97 Central Avenue Albany, NY (address is also in the application packet) 28

Employment Discrimination 29

Discrimination Protections - Arrests Employers in New York may not deny an individual a job because of an arrest that did not result in a conviction Employers may not even ask about arrests that didn’t lead to conviction If asked about a sealed arrest, job-seeker does not have to disclose Relevant laws: New York State & New York City Human Rights Laws 30

Discrimination Protections - Convictions An employer may not have a blanket policy against hiring anyone with a criminal record Relevant laws: NYS Correction & NYS Human Rights Law 31

Discrimination Protections - Convictions 32 It is illegal to deny someone a job or license because of his or her conviction unless: Conviction “directly related” to job in question and / or Hiring the person would create an “unreasonable risk” to safety of people or property.

Eight Factor Test Factors employer must consider: a) The public policy of New York State to encourage the licensure and employment of persons previously convicted of one or more criminal offenses b) The specific duties of the job or license c) The bearing, if any, of the conviction on those specific duties d) The length of time since the conviction e) Job-seekers age at the time of conviction f) The seriousness of the offense g) Any evidence of rehabilitation h) The legitimate interest of the employer in protecting the safety of its property, clients, and employees 33

Enforcement Right to know why you were denied a job (Corr. L. Section 753) Human Rights Law permits a person to sue directly if denied employment based on an arrest with favorable disposition Corrections Law Article 23-A is more limited: Private employer: file a complaint (within one year of denial) Public Employer: Article 78 34