Most employers and agencies in New York can only deny you a job or license because of your criminal conviction if:
- There is a direct relationship between the work and the offense
- Giving you the job or license would involve an unreasonable risk to people or property
To decide whether there is a direct relationship or unreasonable risk, employers and agencies must consider:
- New York’s public policy encouraging employment of people with criminal records;
- The specific job duties;
- The offense’s impact on your ability to perform the job duties;
- The amount of time passed since you committed the offense;
- Your age at the time of the offense;
- The seriousness of the offense;
- The employer or agency’s legitimate interest in protecting people or property;
- Evidence of your rehabilitation and good conduct