§ 703-b. Issuance of certificate of good conduct. 1. The department of
corrections and community supervision shall have the power to issue a
certificate of good conduct to any person previously convicted of a
crime in this state, when the department is satisfied that:

(a) The applicant has conducted himself or herself in a manner
warranting such issuance for a minimum period in accordance with the
provisions of subdivision three of this section;

(b) The relief to be granted by the certificate is consistent with the
rehabilitation of the applicant; and

(c) The relief to be granted is consistent with the public interest.

2. The department shall have the power to issue a certificate of good
conduct to any person previously convicted of a crime in any other
jurisdiction, when the department is satisfied that:

(a) The applicant has demonstrated that there exist specific facts and
circumstances, and specific sections of New York state law that have an
adverse impact on the applicant and warrant the application for relief
to be made in New York; and

(b) The provisions of paragraphs (a), (b) and (c) of subdivision one
of this section have been met.

3. The minimum period of good conduct by the individual referred to in
paragraph (a) of subdivision one of this section, shall be as follows:
where the most serious crime of which the individual was convicted is a
misdemeanor, the minimum period of good conduct shall be one year; where
the most serious crime of which the individual was convicted is a class
C, D or E felony, the minimum period of good conduct shall be three
years; and, where the most serious crime of which the individual was
convicted is a class B or A felony, the minimum period of good conduct
shall be five years. Criminal acts committed outside the state shall be
classified as acts committed within the state based on the maximum
sentence that could have been imposed based upon such conviction
pursuant to the laws of such foreign jurisdiction. Such minimum period
of good conduct by the individual shall be measured either from the date
of the payment of any fine imposed upon him or her or the suspension of
sentence, or from the date of his or her unrevoked release from custody
by parole, commutation or termination of his or her sentence. The
department shall have power and it shall be its duty to investigate all
persons when such application is made and to grant or deny the same
within a reasonable time after the making of the application.

4. Where the department has issued a certificate of good conduct, the
department may at any time issue a new certificate enlarging the relief
previously granted.

5. Any certificate of good conduct by the department to an individual
who at time of the issuance of the certificate is under the department's
supervision, shall be deemed to be a temporary certificate until such
time as the individual is discharged from the department's supervision,
and, while temporary, such certificate may be revoked by the department
for violation of the conditions of community supervision. Revocation
shall be upon notice to the releasee, who shall be accorded an
opportunity to explain the violation prior to decision thereon. If the
certificate is not so revoked, it shall become a permanent certificate
upon expiration or termination of the department's jurisdiction over the
individual.