Working With A Record
Correct. Law § 752 — no denial for a past conviction unless it relates directly to the job or poses an unreasonable risk
The rule. No application for employment or a license, and no job or license already held, may be denied or acted on adversely because of a previous conviction, unless there is a direct relationship between the offense and the specific job or license, or the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
- The public policy of the state to encourage the employment of people previously convicted.
- The specific duties and responsibilities of the job.
- The bearing of the offense on fitness to perform those duties.
- The time that has passed since the offense.
- The person's age at the time of the offense.
- The seriousness of the offense.
- Information on the person's rehabilitation and good conduct.
- The employer's legitimate interest in protecting property and the safety of others.
Those are the factors the employer considers, as the next section lists them.
Certificates. A certificate of relief from disabilities or a certificate of good conduct creates a presumption of rehabilitation for the offenses it names.
Federal rules on background check reports, and the jobs where a law requires a check, are set out elsewhere and are not on this page. Whether a particular employer followed the law is a question for the state's civil rights or labor agency, or a licensed New York attorney.
Sources for this section (2)
- Correct. Law § 752 — Unfair discrimination against persons previously convicted prohibited
- Correct. Law § 753 — Factors to be considered concerning a previous criminal conviction
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.