New York State Human Rights Law, N.Y. Exec Law Section 296(16):
The New York State Human Rights Law makes it illegal for public and private employers to ask you about sealed convictions or to refuse to hire or promote you because of a sealed record.
Sections 15 and 16 of New York’s State Human Rights Law address the rights of New Yorkers with prior criminal convictions.
Section 15 states that it is illegal to deny an individual a job or a license solely because they have been convicted of a crime. Instead, employers must consider other relevant factors (e.g., the time since the offense, the nature of the job, and efforts at rehabilitation) before making a final employment decision.
Section 16 states that it is illegal to ask about a prior arrest or criminal charge that was dismissed, sealed, or resulted in an alternative resolution. Additionally, it is unlawful to require an individual to disclose information about past incidents or to treat them as if they are still relevant when making decisions about jobs, licenses, housing, credit, etc. However, this rule does not apply to law enforcement jobs, gun licenses, or situations where sealed records can be legally accessed (e.g., certain government checks).
New York State Correction Law Article 23-A:
Article 23-A requires employers and agencies to perform an 8-step analysis before denying you a job or a license based on your criminal record. This law applies if you:
- Submitted an application for an occupational license or job with any public or private employer;
- Were previously convicted of one or more criminal offenses in New York or in any other jurisdiction; and
- Were convicted of one or more offenses prior to getting the license or job.
If you have a conviction history, an employer must consider the following factors:
- The public policy of the state of New York encourages the employment of individuals with criminal histories.
- The job-specific duties and responsibilities needed for the position.
- The impact an individual's criminal conviction will have on your ability to perform one or more of the job duties.
- The amount of time since you were convicted of a criminal offense or offenses;
- Your age at the time you committed the offense.
- The seriousness of the offense(s).
- Any information you provide, or is provided on your behalf, regarding your rehabilitation and good conduct.
- Examples include: education or training, reference letters from community members, or letters from previous employers.
- The employer’s legitimate interest in protecting their property and the safety and welfare of specific individuals or the public.
Even with this law, there are certain convictions that may disqualify you from certain jobs or licenses.