703 - Certificates of relief from disabilities issued by the board of parole.
§ 703. Certificates of relief from disabilities issued by the board of parole. 1. The state board of parole shall have the power to issue a certificate of relief from disabilities to: (a) any eligible offender who has been committed to an institution under the jurisdiction of the state department of correctional services. Such certificate may be issued by the board at the time the offender is released from such institution under the board's supervision or otherwise or at any time thereafter; (b) any eligible offender who resides within this state and whose judgment of conviction was rendered by a court in any other jurisdiction. 2. Where the board of parole has issued a certificate of relief from disabilities, the board may at any time issue a new certificate enlarging the relief previously granted. 3. The board of parole shall not issue any certificate of relief from disabilities pursuant to subdivisions one or two, unless the board is satisfied that: (a) The person to whom it is to be granted is an eligible offender, as defined in section seven hundred; (b) The relief to be granted by the certificate is consistent with the rehabilitation of the eligible offender; and (c) The relief to be granted by the certificate is consistent with the public interest. 4. Any certificate of relief from disabilities issued by the board of parole to an eligible offender who at time of the issuance of the certificate is under the board's supervision, shall be deemed to be a temporary certificate until such time as the eligible offender is discharged from the board's supervision, and, while temporary, such certificate may be revoked by the board for violation of the conditions of parole or release. Revocation shall be upon notice to the parolee, 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 board's jurisdiction over the offender. 5. In granting or revoking a certificate of relief from disabilities the action of the board of parole shall be by unanimous vote of the members authorized to grant or revoke parole. Such action shall be deemed a judicial function and shall not be reviewable if done according to law. 6. For the purpose of determining whether such certificate shall be issued, the board may conduct an investigation of the applicant. 7. Presumption based on federal recommendation. Where a certificate of relief from disabilities is sought pursuant to paragraph (b) of subdivision one of this section on a judgment of conviction rendered by a federal district court in this state and the board of parole is in receipt of a written recommendation in favor of the issuance of such certificate from the chief probation officer of the district, the board shall issue the requested certificate unless it finds that the requirements of paragraphs (a), (b) and (c) of subdivision three of this section have not been satisfied; or that the interests of justice would not be advanced by the issuance of the certificate.