FAQs About Discussing Criminal History with Potential Employers in NYC

FAQs About Discussing Criminal History with Potential Employers in NYC

Looking for work can be tough for anyone, but it can be especially challenging if you have a criminal record. Employers in New York City are allowed to ask about and consider applicants’ criminal histories when making hiring decisions. However, there are also laws in place to prevent discrimination. Here are some frequently asked questions about how to handle discussions of criminal records during the job search process in NYC.

Can potential employers ask about my criminal record?

Yes, employers can legally ask about your criminal history and run background checks. There are a few exceptions – if you are applying for a job with a city agency in NYC, the agency cannot ask about or consider your criminal history until after a conditional offer of employment has been made¹. But most private employers can ask at any point in the hiring process.

What kind of criminal history information can employers consider?

Employers can ask about and consider arrests, criminal accusations, and convictions. However, they cannot ask about or consider any sealed records, youthful offender adjudications, or cases that ended in a termination in favor of the applicant (such as dismissals or acquittals)².

When should I disclose my criminal record?

You should be prepared to disclose your criminal record at any point in the job application process. Many job applications will likely include questions about criminal history. It’s usually best to be honest and upfront if an employer asks about your record. Lying or omitting information could lead to your application being rejected or termination if the truth surfaces later.

What options do I have for explaining my record to potential employers?

If asked about your criminal history, focus on being honest, taking responsibility, and emphasizing what you’ve learned and how you’ve changed. Avoid making excuses. Explain the circumstances that led to the offense, how much time has passed, and steps you’ve taken to move forward, like treatment programs or volunteer work. Highlight positive references who can vouch for your character. You can also point out any inaccuracies in your record and provide evidence if needed.

Can an employer reject me just because of my criminal record?

No, it is illegal under the New York City Human Rights Law for most employers to automatically reject applicants with a criminal history unless there is a direct relationship between the offense and the job or an unreasonable risk to safety³. Employers must consider factors like the seriousness of the offense, time passed, evidence of rehabilitation, and job duties before making a decision.

What can I do if I think an employer discriminated against me?

You can file a complaint with the NYC Commission on Human Rights. Discrimination based on criminal history is illegal if the employer cannot demonstrate a direct relationship or unreasonable risk. However, employers can still consider factors like seriousness and time passed. Talk to an employment lawyer if you need help determining if discrimination occurred.

Should I discuss my record in my cover letter?

It’s usually better to wait to disclose your criminal history until asked on an application or in an interview. Volunteering the information in a cover letter could lead to automatic rejection before getting a chance to explain. However, if your record is likely to surface during a background check, you may want to briefly note it in your cover letter.

What resources are available to help me find a job?

There are many organizations in NYC that provide counseling, training, and job placement assistance for people with criminal records, like the New York Public Library, Osborne Association, Fortune Society, and Center for Employment Opportunities. Look for nonprofits and city-run workforce development programs.

Are certain types of jobs more open to applicants with records?

Industries like construction, food service, manufacturing, and warehousing tend to be more open to hiring people with criminal histories. Smaller businesses also may be more flexible. Jobs that involve working with vulnerable groups like children and healthcare often have stricter policies.

Can I get my record sealed or expunged?

Getting records sealed or expunged in New York can be difficult but may be possible depending on the type of offense. Speak to a lawyer to understand your options. Sealing or expunging records can make it easier to pass background checks when applying for jobs.