New York State Criminal History Records Search (CHRS) Unified Court System

Commentary: The fair-chance hiring policy was part of a package of recommendations made by the state’s Council on Community Re-Entry and Reintegration, created in July 2014 by the governor.

New York law prohibits employers from asking about, or acting adversely in response to, arrests or charges that did not result in conviction and are not currently pending. See N.Y. Exec. Law § 296, 16.

Article 23-A of New York Correction Law also makes it an “unlawful discriminatory practice” for any employer or licensing authority to deny employment or licensure, or take other adverse action, based on conviction history unless either there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual or the employment or licensure would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

N.Y. Correct. Law § 752; N.Y. Exec. Law § 296, 15. When considering an applicant with a record, the public agency or private employer must consider several factors, including the job or occupation relatedness of the offense, how long ago the offense occurred and the individual’s age at that time, as well as any information produced by the individual related to rehabilitation and good conduct. N.Y. Correct. Law § 753.

Applies to public and private employers and vendors. 

On June 11, 2013, the Common Council of Buffalo banned the box for public and private employers within the city of Buffalo as well as for vendors who do business with the city. The ordinance permits consideration of a candidate’s criminal history only after an application has been submitted and not before the initial interview.

The administrative policy applies to county

Effective February 1, 2016, questions regarding criminal convictions, dishonorable military discharges, and firings from previous jobs will be removed from all Dutchess County exams, recruitments, and employment applications. County Executive Marcus Molinaro issued the ban the box policy as part of a broader initiative to advance diversity which also included appointing a new Equal Employment/Human Rights Officer, reconstituting the County’s Human Rights Commission, and launching a workforce diversity taskforce to develop recommendations to diversify the pool of applicants for County jobs.

• Background check only after a conditional offer
• The policy applies to public and private employers in New York City that have more than four employees
• Incorporates EEOC criteria in individualized assessment

On June 10, 2015, the New York City Council passed the Fair Chance Act, prohibiting employers in New York City from asking about a job applicant’s conviction record until the end of the hiring process. Under current state law, a candidate may only be denied if the conviction history is directly related to the job or poses an unreasonable risk based on certain factors, such as the time passed since the offense and its severity. Prior to a denial, an applicant is provided the employer’s analysis and a copy of any background report. The job is then held open for three days for the employee to respond and the employer to weigh the candidate’s evidence of rehabilitation. The law includes a private right of action with attorneys’ fees for violations. The law took effect on October 27, 2015. The agency charged with enforcing the law, the New York City Commission on Human Rights, finalized rules implementing the law, effective August 5, 2017. Prior to the Fair Chance Act’s passage, applications for public employment in New York City did not include inquiries about criminal history under an August 2011 executive order from then-Mayor Michael Bloomberg.

On December 8, 2014, the city council resoundingly voted 8-1 to enact the ordinance. Under the ordinance, the city and its contractors shall not inquire into an applicant’s criminal history until an applicant is extended a conditional offer of employment. A conditional offer may be withdrawn if there is a direct relationship between a conviction and the job position or if there is a finding of unreasonable risk. Prior to an adverse action, the applicant is provided with a copy of the criminal history report, which also identifies disqualifying information. The applicant has the opportunity to provide countervailing evidence prior to the final adverse action. As a component of enforcement, the city is required to audit the hiring practices of the city and its contractors. The ordinance is effective March 22, 2015.