New York state law makes it illegal to deny any person with a criminal record a job or to fire that person unless:

• The conviction(s) are directly related to the duties of the job.
• Example: An employer can deny you a job for Driving While Intoxicated (DWI) conviction if you are applying for a job as a driver, but should not deny you a job as a store clerk without driving duties based solely on your DWI.
• Employing that person would be a risk to the safety of people or property.
• Example: An employer will likely consider a burglary conviction if the job requires you to work in people’s homes.

This law applies to all NY employers with more than 10 employees, but does not apply to jobs in law enforcement.

It is also illegal in NYS for an employer to ask if you have ever been arrested but not convicted or the consider arrests that did not lead to conviction in denying you employment. An employer can only ask about convictions for crimes. In NY, a conviction for a crime is:

• A guilty plea or court’s finding of guilt for a felony or misdemeanor.
• Violations and traffic infractions are not crimes and employers may not ask about them.

If you are denied a job because of a criminal record, there are things that you can do:

• NYS law gives you the right to ask an employer for a letter stating why you were denied the job and must respond within 30 days of your request.
• Under federal law, if an employer used a consumer reporting agency background check, you are entitled to a copy of that report and a reasonable amount of time to review the report before the employer denies your employment. Make sure you request a copy to ensure that there are no errors on it.
• Even if the criminal record information used is correct, the job denial might be illegal.

Please refer to Know Your Rights: Understanding Juvenile and Criminal Records and their Impact on Employment (link) for more detailed information.

If you have questions about your criminal history, call the Legal Action Center at (212) 243-1313 on Tuesdays or Fridays from 10:00am to 4:00pm and ask to speak with a paralegal. If you want to see a copy of your official New York rap sheet, ask for the rap sheet coordinator.

If you are 24 or under and have had difficulties getting a job or believe that you have been discriminated against because of your criminal record, call Youth Represent.