Increases access to certificates of relief from disabilities

2025 Regular Session

The bill allows courts to issue certificates of relief from disabilities (and possibly from forfeitures) at sentencing or later, expanding eligibility and timing.

REPORTED REFERRED TO RULES

Summary of Bill A 11382 (2025-2026 NY Session)

Purpose and intent

The bill amends the New York Correction Law to increase access to certificates of relief from disabilities and to emphasize that such certificates may be issued at the time of sentencing.

The goal is to broaden eligibility and streamline the relief process for offenders, clarifying when relief can be granted and under what conditions.

Key provisions and changes

Amends Section 702(1) of the Correction Law:

A court “shall issue” a certificate of relief from disabilities to an eligible offender for a qualifying conviction if:
The court imposed a revocable sentence or a sentence not executed by commitment to an institution under the NYS Department of Corrections and Community Supervision (DOCCS), and
The court determines that the requirements of subdivision two are satisfied.
Timing of issuance:
The certificate “may” be issued at the time sentence is pronounced, and in that case it may grant relief from both forfeitures and disabilities.
If the court has not determined at sentencing that relief from all disabilities is warranted, a certificate may be issued later (after sentencing) and would apply only to disabilities (not forfeitures).
Early determination option:
For offenses with revocable sentences or sentences not committed to DOCCS, the court, upon application and per subdivision two, shall initially determine the offender’s fitness for a certificate either before or at the time sentence is pronounced.

Overall effect:

Provides flexibility for courts to grant relief immediately or to determine eligibility post-sentencing.
Expands the circumstances under which relief from disabilities (and, when applicable, from forfeitures) can be granted.

Who and what is affected

Offenders convicted in New York courts for whom a certificate of relief from disabilities is or could be sought.

Courts (trial and sentencing judges) as they assess eligibility and determine timing of relief issuance.

The bill affects eligibility criteria by codifying the possibility of issuing relief at sentencing or afterward, depending on the court’s determination.

Procedural and timeline aspects

Effective date: 60 days after the bill becomes law.

Administrative flow:

Eligible offenders may receive relief at sentencing if the court determines eligibility for all disabilities (and possibly forfeitures) at that time.
If not determined at sentencing, relief may be issued later and would apply only to disabilities.
Courts considering revocable sentences or non-DOCCS sentences must evaluate fitness for relief prior to or at sentencing.

Notes

The bill preserves the court’s discretion but expands and clarifies the timing and process for issuing certificates of relief from disabilities.

It aligns relief decisions with sentencing proceedings and clarifies the scope (disabilities and/or forfeitures) of relief granted.