Founding Attorney
Being convicted of a crime can lead to incarceration, heavy fines, and probation. However, these are among the most immediate consequences. A conviction will give you a criminal record, which can have significant personal and financial ramifications down the road.
One such repercussion could include your career prospects. If you have been charged with a crime in Long Island, or you have already been convicted of one, you deserve to understand what this might mean for your job opportunities. Connect with Michael A. Arbeit, P.C. to learn more.
Some Protections, But Still Risks
The State of New York has enacted various protections that make it easier for those convicted of a crime to seek employment by prohibiting employers from certain discriminatory conduct. As a general rule, it is against the law for both public and private employers to either refuse to hire you or to fire you based solely on your criminal conviction. Also, licensing agencies cannot deny an occupational license to an applicant based only on their criminal record.
There are exceptions to this, however, that every applicant needs to know about. You may be denied a job or license, or fired, if:
- There is a direct relationship between your past conviction(s) and the job for which you are applying: For instance, if a person is applying to be a bank teller and has a past conviction for drunk driving, it would be difficult to connect that conviction with the job duties that go along with working for a bank. However, if the conviction was for theft or a related crime, the employer may be more justified in rejecting the applicant.
- Hiring the applicant would involve an unreasonable risk to the property or safety of others: An example might be if the person is a convicted sex offender and wants to work at a daycare. As with many of these situations, the exact nature of the job and the conviction (among other factors) are relevant to whether a Long Island employer can legally deny a job based on someone’s criminal record.
Small private employers with fewer than four employees and law enforcement agencies are not subject to the above rules.
The Effect of the Clean Slate Act
New York’s Clean Slate Act imposes additional restrictions on the use of a person’s criminal record in employment matters. Misdemeanor records will be sealed three years from the date the person is released from prison (or from the date of sentencing if there was no prison time). Felony records are sealed after eight years from the person’s release from incarceration provided there are no additional pending charges and the person is not on parole or probation.
Certain convictions are excluded, such as those for which a maximum sense of life imprisonment may be imposed and those that require sex offender registration. These are ineligible to be sealed at any time. Effectively, the Clean Slate Act means that employers will be unable to access records of less serious offenses after a certain period of time.
Bifurcated Process for Background Checks
Lastly, in most cases, an employer in Long Island or elsewhere in New York City is not allowed to conduct a criminal background check until all non-criminal verifications have been completed and the applicant has received a conditional offer. This offer essentially means that employment is contingent upon only a criminal background check, DMV check, or (if applicable) medical examination.
In other words, once the applicant is otherwise screened and verified for the position, only then can the employer conduct a criminal background check (subject to the above limitations and other procedural requirements). The employer cannot ask about sealed convictions, juvenile convictions, or minor infractions.
Protecting Your Rights and Employment Opportunities
Our law firm works hard to help criminal defendants understand the possible repercussions of a conviction while taking the steps necessary to fight the charges. If you have been convicted of a criminal offense, however, we can help you better understand your rights as they pertain to employment opportunities. Schedule your consultation with the Long Island law firm of Michael A. Arbeit, P.C. to get started today.