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Neighborhood Legal Services, Inc. |
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Neighborhood Legal Services, Inc. |
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Important Employment Issues for Ex-Offenders
© 1997-2006 by Neighborhood Legal Services, Inc.
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What are the rules regarding what employers are entitled to know and do with criminal history information?
1. Employers may ask about all criminal convictions including Violations, Misdemeanors and Felonies that resulted in a conviction.
2. Employers may not ask about arrests that were resolved in the accused's favor.
NYS Executive Law (Human Rights Law) Section 296(16) "It is unlawful discrimination, unless specifically required or permitted by statute to make an inquiry about , whether in an application form or otherwise or to act upon adversely to the individual involved any arrest or criminal accusation of such individual not then pending against such individual which was then followed by termination of that criminal action or proceeding in favor of such individual, as defined by Section 160.50 of the Criminal Procedure Law. This part specifically does not apply to the licencing or regulation of firearms of the application for employment as a police or peace officer."
Do I have to answer any questions if my arrest did not end in conviction?
No, an individual does not have to answer any questions regarding arrests that did not end in conviction.
Can I be denied a job based on a criminal record?
Employers may not deny a person a job based on a criminal record or conviction unless the conviction is directly related to the job duty or poses an unreasonable risk to persons or property.
New York State Executive Law (Human Rights Law) Section 296(15)
"It is unlawful to deny license or employment to individual by reason of his or her having been convicted of one or more criminal offenses when this denial is in violation of NYS Corrections Law."
If illegally denied a job based on criminal record, a person can make a complaint to the New York State Division of Human Rights at (716) 847-7632.
Can an employer obtain my credit or consumer report?
Employers can get this information with an individual's written permission. These reports sometimes contain a person's criminal history. If the job pays under $25,000, they can only see information from last seven years. If the job pays over $25,000 they can see all information.
Note : These reports may have inaccurate or incomplete information or have information that should have been sealed.
Can employers ask questions about past and current illegal drug use and alcohol use with some limitations?
Employers cannot ask questions that would indicate that you have a past drug problem or a current or past alcohol problem because those questions would violate the Americans with Disabilities Act. However, they can ask questions such as:
Employers cannot ask you how much you drink or how much you used drugs
since these questions may show a past or current addiction.
How can I improve my chances for employment?
1. Find out as much as you can about your criminal history.
2.. Clean Up your Rap Sheet/Arrest Record.
There is an urban myth that convictions suddenly disappear after 10 or 20 years. This is not the case. A person can never erase or seal a misdemeanor or felony conviction in New York State. Clients need to get their arrest record, look it over, and do what they can to make it look less threatening to employers.
What are the rules for sealing of criminal records?
1. Arrests for crimes that resulted in a dismissal can be sealed so that most employers will not know of them.
2. Convictions for misdemeanors and felonies cannot be sealed.
3. Convictions for violations can almost always be sealed except those for prostitution and driving while impaired.
How can I correct my consumer report?
Get a copy of the report and see what information it contains. Information that was supposed to be sealed may be on this. Inaccurate information may be on it. You can demand that the credit reporting agency correct the information.
Can I get a Certificate of Relief or a Certificate of Good Conduct?
1. Certificate of Relief from Disabilities: You can get this if you have no more than one felony and any number of misdemeanor convictions.
2. Certificate of Good Conduct: You can get this if you have two or more felony and any number of misdemeanor convictions.
These certificates show that New York State believes you to be rehabilitated. This certificate also removes certain barriers that prevent people with criminal histories from getting licenses or certain jobs.
For more information on how to apply for these certificates see How to Get and Clean Up Your New York State RAP Sheet. (See below for information on obtaining this manual.)
Who can I contact to help me clean up my rap sheet?
1. Legal Action Center of New York City
153 Waverly Place,
New York, New York 10014
(212) 243-1313
Web: www.lac.org
The Legal Action Center is a not-for-profit agency that is devoted to working with individuals with criminal records, people with histories of drug and alcohol addictions and people with HIV/AIDS. Their website is www.lac.org. This organization has for over ten years published a manual called How to Get and Clean Up Your New York State Rap Sheet. The current manual is 74 pages and can be downloaded for free off its website.
2. New York State Division of Human Rights
65 Court Street
Buffalo, New York 14202
(716) 847-7632
