New York Criminal Convictions Records Poster Mandatory

NEW YORK CORRECTION LAW 
ARTICLE 23-A 
 
LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY 
CONVICTED OF ONE OR MORE CRIMINAL OFFENSES 
 
Section 750. Definitions. 
 
751. Applicability. 
 
752. Unfair discrimination against persons previously convicted of one 
or more criminal offenses prohibited. 
 
753. Factors to be considered concerning a previous criminal 
conviction; presumption. 
 
754. Written statement upon denial of license or employment. 
 
755. Enforcement. 	
  
§750. Definitions.  For the purposes of this article, the following 
terms shall have the following meanings: 
 
    (1) "Public agency" means the state or any local subdivision 
thereof, or any state or local department, agency, board or commission. 
 
    (2)  "Private employer" means any person, company, corporation, 
labor organization or association which employs ten or more persons. 
 
    (3) "Direct relationship" means that the nature  of  criminal 
conduct  for  which  the person was convicted has a direct bearing on 
his fitness  or ability to perform one or more  of  the  duties  or 
responsibilities necessarily related to the license, opportunity, or 
job in question. 
 
    (4)  "License"  means  any  certificate,  license,  permit or grant 
of permission  required  by  the  laws  of  this state, its political 
subdivisions or instrumentalities as a condition for the lawful 
practice of any occupation, employment, trade, vocation, business, or 
profession. Provided,  however, that "license" shall not, for the 
purposes of this article, include any license or permit to own, 
possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, 
or other firearm. 
 
    (5)  "Employment" means any occupation, vocation or employment, or 
any form of vocational or educational training. Provided, however, that 
"employment" shall not, for the purposes of this article, include 
membership in any law enforcement agency.

§751.  Applicability.  The provisions of this article shall apply to 
any application by any person for a license or employment at any public 
or  private  employer,  who has previously been convicted of one or 
more criminal offenses in this state or in any other jurisdiction, and 
to any license or employment held by any person whose conviction of one 
or more criminal offenses in this state or in any  other  jurisdiction 
preceded such employment or granting of a license, except where a 
mandatory forfeiture, disability or bar to employment is imposed by 
law, and has not been removed by an executive pardon, certificate of 
relief from disabilities or certificate of good conduct. Nothing in 
this article shall be construed to affect any right an employer may 
have with respect to an intentional misrepresentation in connection 
with an application for employment made by a prospective employee or 
previously made by a current employee.

§752.  Unfair discrimination against persons previously convicted of 
one or more criminal offenses prohibited. No application for any 
license or employment, and no employment or license held by  an  
individual, to which the provisions of this article are applicable, 
shall be denied or acted  upon  adversely  by  reason  of  the  
individual's  having been previously convicted of one or more criminal 
offenses, or by reason of a finding of lack of "good moral character" 
when such finding is based upon the fact that the individual has 
previously been convicted of one or more criminal offenses, unless: 
 
    (1) 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 
 
    (2) the issuance or continuation of the license or the granting or 
continuation of the employment would involve an unreasonable risk to 
property or to the safety or welfare of specific individuals or the 
general public.

§753. Factors to be considered concerning a previous criminal 
conviction; presumption. 1. In making a determination pursuant to 
section seven hundred fifty-two of this chapter, the public agency or 
private employer shall consider the following factors: 
 
    (a) The public policy of this state, as expressed in this act, to 
encourage the licensure and employment of persons previously convicted 
of one or more criminal offenses. 
 
    (b) The specific duties and responsibilities necessarily related to 
the license or employment sought or held by the person. 
 
    (c) The bearing, if any, the criminal offense or offenses for which 
the person was previously convicted will have on his fitness or ability 
to perform one or more such duties or responsibilities. 
 
    (d) The time which has elapsed since the occurrence of the criminal 
offense or offenses. 
 
    (e) The age of the person at the time of occurrence of the criminal 
offense or offenses. 
 
    (f) The seriousness of the offense or offenses. 
 
    (g) Any information produced by the person, or produced on his 
behalf, in regard to his rehabilitation and good conduct. 
 
    (h)  The legitimate interest of the public agency or private 
employer in protecting property, and the safety and welfare of specific 
individuals or the general public. 
 
    2.  In making a determination pursuant to section seven hundred 
fifty-two of this chapter, the public agency or private employer shall 
also give consideration to a certificate of relief from disabilities or 
a certificate of good conduct issued to the applicant, which 
certificate shall create a presumption of rehabilitation in regard to 
the offense or offenses specified therein. 
 
§754. Written statement upon denial of license or employment.  At the 
request of any person previously convicted of one or more criminal 
offenses who has been denied a license or employment, a public agency 
or private employer shall provide, within thirty days of a request, a 
written statement setting forth the reasons for such denial. 
 
§755. Enforcement. 1. In relation to actions by public agencies, the 
provisions of this article shall be enforceable by a proceeding brought 
pursuant to article seventy-eight of the civil practice law and rules.  
    2. In relation to actions by private employers, the provisions of 
this article shall be enforceable by the division of human rights 
pursuant to the powers and procedures set forth in article fifteen of 
the executive law, and, concurrently, by the New York city commission 
on human rights.