Can you be a security guard with a felony in New York? 2

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Many times we get questions such as, “Can a felon be a security guard?” or “Can I be a security guard with a criminal record?” or “Can a felon become a security guard?” etc.

The answer to all these questions is “Yes, In most cases”.

Can you be a security guard with a felony

Can you be a security guard with a felony

Let me explain this further by providing more details. The laws differ depending on the state where the crime was committed and in which state you are residing.

In this post we will cover the provisions available for ex-felons to get their records cleared so that they can become a security guard.

Certificate of Relief Act of New York State

The Certificate of Relief Act of New York State is aimed to help previously convicted felons by removing the barriers they face when applying for jobs, housing and school.

New York State offers two types of certificates for people who are convicted of a felony. The first one is a Certificate of Relief from Disabilities and the second one is Certificate of Good Conduct.

How these two certificates differ?

These two certificates differ mostly in their eligibility requirements, primarily whether you are a first time offender or a repeat offender.

Certificate of Relief from Disabilities

Certificate of Relief is available to persons who committed misdemeanors or for first-time felony offenders. This means that you can apply for Certificate of Relief in New York State if you have not been convicted for more than one felony.

However for the purpose of this relief, two or more felony convictions resulting from the same indictment will count as a single felony.

Similarly, New York State also has the provision to count as one felony, if there are two or more convictions resulting from two or more separate indictments filed in the same court, prior to the actual conviction under any of the indictments.

The Certificate of Relief may be awarded at any time after sentencing by a court where no prison term is involved. If there was a prison term, then you need to go through the New York state Board of Parole after you are released from the prison.

Click this link to see the Application to apply for Certificate of Relief in New York State.

If the crime was committed in another state, can I still apply for Certificate of Relief in New York State?

Certificate of Relief, New York State

Certificate of Relief, New York State

Yes. The New York State Board of Parole can also issue you a Certificate of Relief if you are an eligible offender who has been convicted in another state and but now lives in New York State.

What are my benefits if I get a Certificate of Relief in New York?

A Certificate of Relief will remove any mandatory legal bar or disability or ineligibility imposed on you as a result of a conviction of a crime or crimes specifically noted on the certificate.

However, the Certificate of Relief will not make you eligible for public office or retain a public office after a felony conviction.

You lose your right to vote if you are convicted of a felony. If you have been issued a Certificate of Relief from Disabilities or a Certificate of Good Conduct while on parole, you can register to vote.

Can a New York State Certificate of Relief be revoked?

A Certificate of Relief issued to you upon release or once you are on parole supervision is a temporary certificate. This certificate becomes permanent when you are discharged from supervision. Until the certificate become permanent, the certificate can be revoked by the Board of Parole.

Certificate of Good Conduct in New York State

Certificate of Good Conduct is available to repeat offenders. It can be awarded at any time after sentencing by a court where no prison term is involved, or after release from the prison by the state Board of Parole.

The Certificate of Good Conduct is available only from the Parole Board. More over there is a waiting period of one to five years of good conduct depending on the gravity of the offense that was committed.

Click this link to see the Application to apply for Certificate of Good Conduct in New York State.

How is the waiting period determined for Certificate of Good Conduct?

Let us say for example if the conviction is for a misdemeanor, then there must be at least one year of satisfactory community adjustment before a Certificate of Good Conduct can be granted. If the conviction is a C, D or E felony, the person must wait at least three years. If the conviction is an A or B felony, then the person must wait at least five years.

What are my rights if I get Certificate of Relief of Certificate of Good Conduct?

Once obtained, both Certificate of Relief and Certificate Good Conduct have similar or same legal effect.

These certificates will relieve the holder of the certificate “the forfeiture or disability,” and “remove any barrier to employment” that was automatically imposed by law by due to the conviction of a crime or the offense specified in the Certificate.

Employers and licensing boards must abide by this law and must honor the rights given to applicants by these certificates. Applicants can get legal relief if they can prove that the protections provisioned by these certificates are denied to them.

How long will it take for a decision on my application?

The Parole Board process can take six months to a year to complete.

What is the probability of my application for Certificate of Relief or Certificate of Good Conduct getting approved in the state of New York?

According to some published sources, every year about 1000 applications are made to the Parole Board for both kinds of certificates. Of these 1000 applications about 500 are granted. This means there is at least 50% chance for getting your application approved.

Additionally, if the nature of your crime is not serious and you have a significant period of demonstrated good conduct, your chances of getting approved would be higher.

For more details click this link – New York State Parole Restoration Program

2 thoughts on “Can you be a security guard with a felony in New York?

  1. Reply Renee Hodges Sep 21,2015 5:23 pm

    I have a question I have a felony and a certificate relief from disabilities and I live in New York. and I want to know can I get a job, because a lot of security company don’t want to hire. What sure I do Help I need a job. my email is ******493@gmail.com thanks you

    • Reply admin Sep 26,2015 11:27 pm

      The short answer is yes. You can get a security guard job if you live in New York and the felony was committed in New York and you get a Certificate of relief in New York.

      Just apply to a number of security guard jobs and be very truthful about your felony and always tell them that you now have a clean record after obtaining your Certificate of Rehabilitation. If needed offer to provide referrals from trust worthy people to back up your new life.

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