What Can a Convicted Felon in New York Do When They Get Released?

This article is part of THE CITY’s Court Support series explaining the city’s legal system to New Yorkers. What else do you want to know? Write to us: ask@thecity.nyc.

About 800,000 New Yorkers live with essentially partial citizenship that’s not a matter of birthright, but due to the limits placed by having a prior felony conviction. Are you among them?

What ex-felons can and can’t do in New York City is set by a confusing mix of law, rules of supervised release and social stigma. And as a former president has joined the ranks of local convicted felons, it’s a good time to answer the question: What is allowed and what is off limits to people in New York with a prior felony?

A lot has changed on that in just a few years, noted Rob DeLeon, who spent a decade in prison from the 1990s to early 2000s and is now deputy CEO of Fortune Society, a nonprofit that manages reentry for people recently released from prison and court ordered diversion programs.

“The belief is that we would never be restored to full citizenship after having interactions with the legal system,” he said. “Upon getting out, I accepted that reality.”

Even as social attitudes about criminal justice-involved people shift, and policy and advocacy race to keep up with a society willing to integrate people with prior convictions back into daily life, many still have to navigate a maze of regulations.

“I enjoy a good deal of civic life but the truth is I am not a full citizen,” DeLeon said, noting those with felony convictions are forbidden from serving on a jury in New York State. That means that a third of all the Black men in the state are currently ineligible to be jurors, according to the state bar association .

THE CITY spoke to justice-involved community members, advocates and elected officials to better understand what someone with a prior felony conviction can and cannot do in New York City:

Jump to …

• I’m home now, what should I do first?
• Can I vote? What if I’m still incarcerated?
• Can I serve on a jury?
• Can I run for office?
• I want to start applying for jobs. What should I expect?
• Are there jobs that are particularly hard to get if I’m a felon?
• I need to rent an apartment. What should I expect?
• Can I live in public housing?
• Can I see my kids?
• Can I adopt or foster a child?
• Can I publicize or publish what happened to me?
• How will this affect my immigration case?
• Am I eligible for benefits and social services?
• Can I travel out of state? Can I travel out of the country?

I’m home now, what should I do first?

First things first: welcome home. There’s a lot to catch up on, new family members to meet, old friends to catch up with and lost loved ones to mourn.

And while you try and make sense of how your life has changed and what your next steps are — or if you’ve been home a while — a good first step is to become familiar with two important certificates you’ll need to make navigating several things in this guide exponentially easier.

Those are a Certificate of Relief from Disabilities , also known as a CRD, and a Certificate of Good Conduct (CGC) .

Experts say these two documents are essential for people exiting prison or supervised release and can save you headache and hassle when it comes time for job applications, public housing or to retain that important license you need for work.

Can I vote? What if I’m still incarcerated?

If you served time in prison for a felony conviction — or if you avoided a prison sentence and instead went straight to supervised release — and have completed all of your release stipulations, you can vote. If you only have a misdemeanor conviction, you’re good to vote, too.

It’s important to note that someone convicted of a felony has to reregister to vote when they’re eligible to do so.

Where things get complicated is if you’re in pretrial detention, i.e. being held in jail as your case moves forward. There, you technically can vote, but you have to vote absentee.

People currently incarcerated in state prison cannot vote, but that could change. Advocates and elected officials are working toward a bill in Albany that would bring polls to jails and prisons, but the legislation is still in its infancy and will likely face challenges.

Can I serve on a jury?

Not right now. But perhaps soon, if some Albany lawmakers get their way.

The Jury of My Peers Act , co-sponsored by State Senator Cordell Cleare (D-Harlem) and Assemblymember Jeffrion Aubry (D-Corona), would lift the restrictions on convicted felons prohibiting them from serving on juries

The bill is awaiting Gov. Kathy Hochul’s signature after it passed in both chambers this year and advocates remain hopeful that it will become law at some point in the near future.

A spokesperson for Hochul’s off told THE CITY only that the governor “will review the legislation.”

The bill has been widely praised by advocates for the justice involved community and the New York State Bar association .

Cleare, whose district is home to zipcodes with some of the highest incarceration rates in the state, said restoration is a high priority for her office.

“These are people who have lived experiences that can inform them about guilt and innocence,” Cleare said. “I see it as an asset.”

Cleare noted that critics of the act should remember that jury selection is still a case-by-case process and that “being able to serve on a jury does not select you for a jury.”

She insisted that the legislation is crucial to restoring citizenship and removing barriers to the formerly incarcerated.

Can I run for office?

Probably. According to state law, unless you’ve been convicted of a felony for bribery of a government official, fraud or corruption, you are eligible to hold office in New York.

Public defenders say it isn’t uncommon to interact with clients who possess the charisma, intelligence and civic commitment that would do well in public service. But running for office takes time, energy and the ability to raise a lot of money, all things that make it a challenge for people who are already trying to get back on their feet.

In New York City, there are other ways to be involved in city government besides holding elected office. Many of the city’s highest officials got their start on local community boards, which are volunteer-run panels that adhere to the same laws for running for public office outlined here.

Community board presidents interviewed for this story said they welcome eligible applicants from all walks of life, including community members with prior felony convictions.

I want to start applying for jobs. What should I expect?

In New York City it is illegal for an employer to ask about an applicant’s criminal record and an offer must be made without considering a person’s past criminal history. See THE CITY’s guide on how to find and seal your criminal record here .

But if a criminal past that directly relates to the performance of the job is discovered after an applicant receives an offer, the offer may be revoked.

It is important to note that criminal history is a protected class under city civil rights law.

Someone with a felony conviction can apply for a job thanks, in part, to efforts like the Fair Chance Act , a 2015 law that forbids certain employers from including a check box asking about prior convictions on job applications.

“An employer may take away a job offer for one of two reasons: (1) there is a direct relationship between the alleged or convicted conduct and the job, or (2) hiring you would involve an unreasonable risk to people or property,” according to the law.

And while a blanket law banning need not apply is a step in the right direction, employers are still allowed to to revoke an offer if they discover an applicant’s conviction history, but they are required by law to explain why. And if you receive a rejection notice you are entitled to appeal and make your case as to how you’ve been rehabilitated.

Are there jobs that are particularly hard to get if I’m a felon?

In-demand jobs that typically pay well and offer job security, especially those that require state licenses, can be hard to obtain for people with felony convictions.

Many are surprised to find out that they can become teachers or barbers. Employment and licensing processes vary, but a list of some of the most sought after job licenses shows that employers can be flexible to a point. Here is a helpful explanation from the National Employment Law Project of Article 23 , the state law that outlines your protections when applying for a job.

But there are a few jobs that are exceptions like police officers, peace officers, certain finance jobs, and jobs that are required by law to avoid hiring people with certain convictions. Learn more here .

I need to rent an apartment. What should I expect?

Housing remains one of the hardest —  and most essential —  tasks for formerly incarcerated people to tackle.

The good news is that the Fair Housing Act, passed in 2024, is set to lower a lot of the barriers faced by people with prior convictions. The law prohibits discrimination against applicants for housing with prior convictions, which means a felony conviction that is older than five years can’t disqualify you from getting an apartment.

Also, sealed, expunged or charges subject to a certificate of relief from disabilities can’t be held against you either. Charges related to sex offender registry status or otherwise reviewable by federal law can be used against you, however.

The law is slated to take effect on Jan. 1 2025. The next months are crucial for the city and the bill’s architects to work out issues and figure out who is going to manage enforcement for the law.

Before the law, many felons looked to family members or loved ones to co-sign a lease or house them — practices that are prohibited by the city’s public housing system and could, in the private market, send a person to Housing Court for violating their lease.

And folks without loved ones to turn to often have to rely on the city’s shelter system. Nearly a quarter, or 23%, of people released from supervision head to shelters, according to the most recent data from 2021 from the New York State Department of Corrections and Community Supervision.

“There is no evidence that a person with a conviction won’t pay their rent,” said DeLeon.

Can I live in public housing?

The New York City Housing Authority, or NYCHA, is the largest public housing program in the country and NYC’s biggest landlord. It also has strict guidelines when it comes to tenants with prior convictions.

That graffiti charge you caught? You may have to wait three years before you apply for housing in NYCHA — longer if your conviction is a drug-related or violent offense, or if you have other priors. There are over 100 types of convictions that can ban someone from living in — or even just visiting — a NYCHA development due to a complex web of federal, state and local laws that govern the housing authority. The table below shows how long people must wait after a conviction to be able to apply for NYCHA housing.

But a lot of work has been done to make NYCHA an option for the formerly incarcerated.

NYCHA’s Family Reentry Program, which allows people referred to the program to live with loved ones, is one way a formerly incarcerated person can move into NYCHA housing.

And if your application is denied, know there is an appeal process that few people take advantage of. Folks who have been through the appeal process say it was the difference between being able to afford living in the city, with a roof over their head, or being homeless.

“A person who applies for NYCHA housing and is denied because of their conviction can appeal the decision and produce evidence of rehabilitation, even if the person is still ‘ineligible’ according to the waiting periods,” according to Back to NYCHA’s website, a public service website part of a collaboration between the Vera Institute of Justice and other organizations.

Can I see my kids?

This is tricky. The short answer is if you are released from prison, you probably can go see your kids. But that’s not always the case for everyone.

Having a felony doesn’t automatically or outright prevent you from seeing your kids. (The exception to this is if your felony charge involves crimes against kids or requires you to register as a sex offender.) But the circumstances of your living situation or employment could hamper your ability to see or get custody of your children.

Luz Hernandez, 26, of The Bronx, hasn’t seen her son in almost three years because release stipulations require her to complete certain steps before she is allowed to be reunited, like securing permanent housing, submitting to a psychological evaluation and getting a job.

Hernandez has a long list of requirements to meet before her parole officer will allow her to see her son.

But simple tasks like refilling prescriptions can be so hard, she has considered tapering off her medications in the name of one less mandate she has to meet that stands in the way of seeing her child.

“My main goal is to get therapy, to make sure I am mentally OK and to make sure he is mentally OK,” said Hernandez.

Can I adopt or foster a child?

This is a lot harder and depends on your specific charges. Look here to NYS’ collateral consequences guide to fostering or adoption to see if your prior conviction might make adoption more difficult.

Can I publicize or publish what happened to me?

For Hernandez, a poet and budding author, her parole officer told her she would have to hold off on publishing her memoir until she’s done with her supervised release.

“You can’t profit off of what you were incarcerated for,” she said, explaining a law designed to limit formerly convicted people from exploiting high profile crimes.

In New York, the so-called Son of Sam law says victims of a crime must be notified if the convicted perpetrator of the crime makes more than $10,000 from any source.

“I’m doing positive things,” said Hernandez, recalling a challenging interaction with her parole officer. “You don’t want me to publish a book, you don’t want me to do poetry night, you don’t want me to speak to the community.”

Attorney David Chesnoff says that overall, Son of Sam laws don’t have to prevent people who are formerly incarcerated from “being an artist or author.”

He recently helped B.G., a rapper from New Orleans, retain his right to free speech and his freedom to rap about “his experience as a Black man in America.” Chesnoff said the court’s limitations placed on his client were outside the scope of Son of Sam type laws.

“When you’re under supervision you’re still under the scrutiny of the court,” said Chesnoff. “It’s a narrower area”

In short: your Netflix show might have to wait a little bit longer. But if your end game is advocacy and to share a cautionary tale, there are still several avenues — especially those that aren’t money-making —  to find a way to lead you to that career.

How will this affect my immigration case?

Even very low-level criminal charges could jeopardize an immigration case. Here is what the state court system say about arrests and convictions for immigrants.

And you should know that fingerprinting, which may be required for certain job applications or to request your rap sheet , may flag you to Immigration and Customs Enforcement (ICE) if you have a prior immigration-related order of removal.

Am I eligible for benefits and social services?

Yes! New York State is one of 11 states that have completely opted out of all bans on benefits, including the aid programs for families TANF and SNAP, for people with prior convictions.

One benefit that can be stripped due to a drug conviction is federal financial aid. Which doesn’t leave you entirely without aid because New York state doesn’t use the FAFSA to determine eligibility for state aid, but it seriously hinders your access.

Can I get a gun permit?

No. If you have a prior felony conviction in New York, you can’t get a gun permit, which means you can’t legally own a gun.

Can I travel out of state? Can I travel out of the country?

Travelling is allowed, in theory, unless you’re deemed a flight risk (typically reserved for international drug traffickers) or are still on supervised release and not given permission from a judge to travel out of state for work or to see a loved one..

If you’re clear to travel, congrats! But be warned: Some destinations are way harder to get to than others.

Among the toughest countries to travel to for the formerly incarcerated is Canada. The country has some of the strictest rules against admitting travelers with prior convictions. Take a look at what it takes to get into Canada here.

“I’ve heard they are very negative to people who try to come across the border who have criminal records,” said Ronald Day, vice president of the Fortune Society. “I said to my wife who said she wanted to go to Canada, well you know you’re married to a man with a criminal record.”

Before you plan your trip, get a passport. Anyone with a prior conviction can apply for a passport unless they owe more than $2,500 in child support, are subject to sex offender registry status, have an open federal or state warrant, or have been convicted of an international drug trafficking crime.

For best results, call ahead. Get in touch with the country of destination’s immigration department and ask. Experts say be prepared for murky answers and always travel with copies of supporting documents that show you are in good standing.

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