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Finding a Job After a Criminal Conviction in New York City

March 21, 2024 Uncategorized

Finding a Job After a Criminal Conviction in New York City

Getting a job after a criminal conviction can be challenging, but it is possible. In New York City, there are laws and resources in place to help people with records reenter the workforce. This article will discuss the legal protections, best practices for job seekers, and employer incentives when it comes to hiring people with criminal histories in NYC.

Legal Protections

New York State and New York City have laws that aim to reduce employment discrimination against people with criminal records. Understanding these laws can help you better advocate for yourself during the job search process.

New York Correction Law Article 23-A

This law prohibits employers from denying jobs to applicants solely because of their criminal record[1]. Employers must consider:

  • The duties and responsibilities of the job
  • The bearing, if any, the criminal offense will have on the applicant’s fitness or ability to perform the job
  • How much time has elapsed since the offense
  • The applicant’s age at the time of the offense
  • The seriousness of the offense
  • Evidence of rehabilitation or good conduct

New York City Fair Chance Act

This law prohibits NYC employers from asking about criminal history on job applications[2]. Employers cannot ask about or consider non-convictions (e.g. arrests that did not lead to a conviction). Employers can only withdraw a conditional job offer based on criminal history if there is a direct relationship between the conviction and job duties or if hiring the person would create an unreasonable risk.

Title VII of the Civil Rights Act

This federal law prohibits employment discrimination based on race, color, religion, sex, or national origin. Because racial minorities are disproportionately impacted by the criminal justice system, excluding applicants with records may violate Title VII[3].

Best Practices for Job Seekers

Here are some tips to help maximize your chances of getting hired with a criminal record in NYC:

  • Get your RAP sheet. Review it for accuracy and seal eligible convictions. Mistakes on your official record can unfairly impact you[4].
  • Consider a Certificate of Relief from Disabilities or Good Conduct. These demonstrate your rehabilitation and can lift mandatory bars to employment[5].
  • Be prepared to discuss your record. Focus on the skills you gained during your incarceration. Rehearse talking about your offense in a redeeming light.
  • Apply to jobs you are qualified for. Look for companies that have hired people with records before. Avoid jobs with direct relationship barriers.
  • Highlight your soft skills. Emphasize your reliability, teamwork, communication and adaptability. These are attractive to employers.
  • Get references. Personal and professional references vouch for your character and work ethic.
  • Explore transitional jobs. These temporary jobs through reentry organizations help build your resume.

Employer Incentives

There are several incentives for New York City employers to hire qualified applicants with criminal histories:

  • Federal bonding program. Provides insurance to protect employers against employee dishonesty, including theft.
  • Work Opportunity Tax Credit. Gives businesses up to $2,400 in tax credits for hiring formerly incarcerated applicants.
  • Improved talent pool. Opening jobs to those with records diversifies and expands the talent pool.
  • Reduced legal liability. Following NYC’s Fair Chance Act reduces risk of discrimination lawsuits.
  • Public relations. Hiring people with records demonstrates social responsibility.

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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