Can a Criminal Record Affect Your Security Job in New York?

Navigating the job market with a criminal record can feel like trying to climb a mountain with a heavy backpack. The weight of past mistakes can seem insurmountable, especially in fields like security where trust and integrity are paramount. But here's the good news: having a criminal record doesn't automatically disqualify you from becoming a security guard in New York State (NYS). With the right guidance and legal pathways, you can still pursue a rewarding career in security. Let's dive into the details.

Understanding the Legal Landscape

Certificates of Relief and Good Conduct

New York State offers two critical forms of legal relief for those with criminal records: the Certificate of Relief from Disabilities and the Certificate of Good Conduct. These certificates can significantly improve your chances of securing a security job.

• Certificate of Relief from Disabilities: This certificate is designed to remove mandatory legal barriers imposed due to a person’s criminal history. It's applicable for those who have committed misdemeanors or are first-time felony offenders. Notably, two or more felony convictions from the same indictment are counted as a single felony for this purpose. This certificate becomes relevant when no prison term is involved.
• Certificate of Good Conduct: This is intended for individuals with more than one offense on their record. It not only lifts “the forfeiture or disability” but also removes barriers to employment. The issuance of this certificate, by the State Board of Parole, typically follows a waiting period of one to five years, depending on the severity of the offense.

Sealing Criminal Records

In New York, sealing a criminal record essentially makes it invisible to most potential employers, including those in the security sector. Under Criminal Procedure Law §160.59, individuals with up to two convictions (including one felony) can apply to have their records sealed, provided they have been crime-free for at least ten years since their sentencing or release from jail/prison.

• Eligibility for Record Sealing: Eligibility for record sealing in New York includes those who have maintained a clean slate for a decade and have no more than two convictions (or related charges from the same incident). Misdemeanors are generally eligible for sealing, and so are some felonies. However, certain felonies, such as sex offenses, violent crimes, and other serious felonies, are not eligible for this relief.
• The Process and Impact of Sealing: When a record is sealed, it remains inaccessible to most employers and entities, with exceptions like law enforcement agencies, gun permit applications, or if you’re seeking a role as a police or peace officer. The process involves obtaining necessary forms from the NY State Courts website, filing a motion for sealing, and adhering to the guidelines provided.

The Path to Becoming a Licensed Security Guard

Despite a criminal past, individuals in New York can pursue a career as a security guard. Organizations like International Security Services, Inc. offer assistance and training programs tailored for those aiming to achieve licensure as security guards in New York. They provide guidance through the pre-qualification screening and support throughout the training process.

Steps to Becoming a Security Guard

1. Meet Basic Requirements: You must be at least 18 years old, a U.S. citizen or resident alien, and have a high school diploma or equivalent.
2. Complete Required Training: This includes an 8-hour pre-assignment training course, 16 hours of on-the-job training, and an 8-hour annual in-service training course.
3. Submit to a Background Check: This is where the Certificates of Relief or Good Conduct and record sealing can play a crucial role.
4. Apply for a Security Guard License: Submit your application to the New York State Division of Licensing Services along with the necessary fees and documentation.

Addressing Common Concerns

Impact of a Criminal Record on Job Opportunities

Having a criminal record can significantly impact someone’s ability to find a job and earn a living in New York, but the specific effects depend on the nature of the offense, the type of job being sought, and other factors.

• Background Check Laws: New York has laws limiting how and when employers can conduct background checks on job applicants. Employers cannot check criminal history until after making a conditional job offer and must get written consent before running a background check.
• Anti-Discrimination Protections: Under the New York Correction Law, employers cannot deny jobs solely based on a criminal record unless it directly relates to the position or poses an unreasonable risk. When considering applicants with records, employers must weigh public policy of employing formerly incarcerated individuals, time passed since the offense, age of applicant at time of offense, and evidence of rehabilitation.

Lost Earnings and Employment Challenges

While legal protections exist, studies show criminal records still hinder job prospects in New York. Applicants with felonies are half as likely to get interview callbacks, and certain fields like finance are much less likely to hire those with records. Criminal records also depress wages for those who do find work. In New York, those with felony convictions earn 30% less than their peers, resulting in $12.6 billion in annual earnings lost due to reduced job prospects.

Practical Advice for Aspiring Security Guards

Seek Legal Relief

• Apply for Certificates: If eligible, apply for a Certificate of Relief from Disabilities or a Certificate of Good Conduct. These certificates can significantly improve your chances of securing a job by removing legal barriers and demonstrating rehabilitation.
• Seal Your Records: If you qualify, take steps to seal your criminal records. This can make a significant difference in your job search by making your record invisible to most employers.

Focus on Rehabilitation and Skill Development

• Demonstrate Rehabilitation: Gather evidence of your rehabilitation, such as letters of recommendation, proof of community service, or completion of rehabilitation programs. This can help convince potential employers of your commitment to turning your life around.
• Develop Relevant Skills: Enroll in security guard training programs and obtain necessary certifications. This not only makes you more qualified but also shows your dedication to the profession.

Leverage Support Programs

• Utilize Job Training Programs: Many organizations offer job training, interview skills, and record-sealing assistance. These programs can provide valuable support and increase your chances of success.
• Seek Legal Advice: Consult with experienced criminal defense attorneys who can guide you through the process of obtaining certificates and sealing records. At Spodek Law Group, we have a team of dedicated attorneys ready to assist you.

Conclusion

While a criminal record presents challenges, it’s not an insurmountable barrier to becoming a security guard in New York. With the right guidance, legal avenues, and dedicated training, you can embark on a rewarding career in the security sector, contributing positively to society and finding a path to personal and professional redemption.Ready to take the next step? Contact Spodek Law Group at 212-300-5196 for a risk-free consultation. Our experienced attorneys are here to help you navigate the legal pathways and achieve your career goals.