Getting a professional license or a job these days is hard enough. What if you have a past? What if you have had some errors in judgment? Employers cannot discriminate against you with or without criminal convictions.
The controlling sections of NYS law are under New York Correction Law - Article 23-A - § 752 & § 753. Unfair Discrimination Against Persons Previously Convicted of One or More Criminal Offenses Prohibited.
NYS “encourages” employers and license granters to employ and license those previously convicted of crimes. It is not cut and dried. They must apply the factors set out below to assess your past and what you desire to do in the future.
First caveat, you are only obligated to tell of crimes. Criminal convictions are only those that are either misdemeanor or felony level offenses. This does not pertain to violations. They may be called offenses, you may have been convicted of them, but they are NOT crimes under NYS law. Therefore, a disorderly conduct conviction (a violation), or a DWAI (driving while ability impaired) also a violation, are NOT criminal convictions and should not have to be revealed or held against you by a future employer.
Second caveat, be sure to hold on to proof of your rehabilitation. This includes drug/alcohol evaluations, screenings, completion of any and all treatment, meetings, etc. If you have any criminal convictions this proof is vital to your allaying the fears of employers or licensing boards. Also have copies of all of your past Court documents: including arrest report, dates of crimes, Courts, and final “outcome” documents (called certificates of disposition).
§ 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.
Any future employer or licensing body (board) must give consideration to the factors below even if you have had prior criminal convictions. How you present yourself and your past in the best light is both art and science.
1. Be sure to be as complete as possible;
2. Your documentation of everything is vital to their decision;
3. Where are you currently?
Takeaway: Explain your past behavior, present yourself as stable now, and allay their future fears.
§ 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.
Lawrence Newman, D.C., Esq.
Doctor of Chiropractic
Attorney at Law
504 North Aurora Street
Ithaca, NY 14850
607-229-5184