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How does a criminal record affect job opportunities and earning potential in New York?

March 21, 2024 Uncategorized

How Does a Criminal Record Affect Job Opportunities and Earning Potential in New York?

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. Here’s an overview of how criminal records affect employment and wages in New York:

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[2]
  • Employers must get written consent before running a background check[2]
  • Restrictions don’t apply to jobs paying $75,000+ or requiring security clearance[2]

If an employer runs a check, they must notify applicants in writing and allow them to contest any inaccuracies[2].

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[4]. When considering applicants with records, employers must weigh:

  • Public policy of employing formerly incarcerated individuals[2]
  • Time passed since the offense[2]
  • Age of applicant at time of offense[2]
  • Evidence of rehabilitation[2]

These protections aim to help those with records reenter the workforce.

Impact on Hiring

While legal protections exist, studies show criminal records still hinder job prospects in New York:

  • 92% of employers conduct background checks for some positions[4]
  • Applicants with felonies half as likely to get interview callbacks[1]
  • Certain fields like finance much less likely to hire those with records[5]

The impact depends on the type of conviction, with nonviolent crimes carrying less stigma. Still, any record can be a barrier during the job search.

Lost Earnings

Criminal records also depress wages for those who do find work. In New York:

  • Those with felony convictions earn 30% less than their peers[3]
  • $12.6 billion in annual earnings lost due to reduced job prospects[3]

While skills and education still impact earnings, criminal records significantly hamper lifetime income potential.

Moving Forward

For people with criminal records in New York, the job search requires perseverance and focusing on opportunities in fields open to hiring those with past convictions. While challenges exist, programs providing job training, interview skills and record-sealing assistance can help maximize chances of success.

 

References

[1] https://www.lehman.edu/career-services/documents/THRIVENewYorkStateCareerGuide_000.pdf

[2] https://iprospectcheck.com/new-york-background-check/

[3] https://www.brennancenter.org/our-work/analysis-opinion/new-data-poverty-and-criminal-records-new-york-state

[4] https://www.nolo.com/legal-encyclopedia/new-york-law-employer-use-arrest-conviction-records.html

[5] https://www.indeed.com/q-criminal-records-l-new-york,-ny-jobs.html

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