How to Answer Questions About Criminal History on Job Applications in NYC

How to Answer Questions About Criminal History on Job Applications in NYC

Looking for work can be tough for folks with a criminal record. Many job applications ask if you’ve ever been convicted of a crime. Answering this question wrong could cost you the job. But there are laws to protect people with records from discrimination. This article explains your rights and gives tips for answering the dreaded criminal history question.

Ban the Box Laws

NYC has “ban the box” laws that limit when employers can ask about criminal records. The Fair Chance Act says employers with 4 or more workers can’t ask about criminal history on job applications. They have to wait until after a conditional offer of employment. There are exceptions for jobs like police, security guards, etc.

This law helps folks with records get their foot in the door. Employers have to consider you based on merits, not just check the box. Banning the box reduces bias against people with criminal pasts.

Answering After the Offer

Once an employer extends a conditional offer, they can ask about criminal records. Be prepared to explain convictions from long ago. Employers can only rescind the offer for a “direct relationship” between the conviction and job duties or an “unreasonable risk” to safety.

If you have a record, don’t try to hide it. Lying could get the offer revoked. Answer truthfully, focusing on positive steps since the offense. Emphasize rehabilitation efforts, like treatment programs completed. Provide proof you don’t pose a risk.

Frame the conviction in the best possible light. Explain the circumstances and how you’ve changed. Remorse and personal growth can go a long way. Help the employer understand you’re more than your record.

Seeking Legal Remedy

If an employer illegally discriminates based on criminal history, you may have legal recourse. Consult an employment lawyer about filing complaints. Relevant laws include:

• NYC Fair Chance Act – bans pre-employment criminal inquiries
• New York Human Rights Law – prohibits employment discrimination due to criminal history
• EEOC Enforcement Guidance – limits using criminal records in hiring

These laws have nuances about what records can be considered and when. An attorney can advise if your situation warrants legal action.

Seeking a Certificate of Relief

Another option is seeking a Certificate of Relief from Disabilities or a Certificate of Good Conduct. These show your rehabilitation and could convince employers to overlook your conviction. The certificates set aside some legal barriers of a criminal record. Learn more about the certificates here.

Be Patient and Persistent

Finding employment with a record takes patience. You’ll probably submit many more applications than folks without records. Persistence and a positive attitude are key. Don’t get discouraged by rejections.

Take any job to start rebuilding your resume. Gain skills and experience to make yourself more marketable. Many companies value loyalty and promotion from within.

Consider vocational programs or apprenticeships in fields likely to overlook criminal histories. Look into programs that help ex-offenders get training and jobs. Networking can also help you find opportunities.