Do Criminal Records Affect Professional Certifications in New York?
At Spodek Law Group, we understand that having a criminal record can create significant challenges when pursuing professional certifications in New York. Our experienced attorneys have helped many clients navigate this complex issue. Here's what you need to know about how criminal records may impact your ability to obtain professional certifications in the Empire State:
The Impact of Criminal Records on Professional Certifications
Criminal records can affect your ability to obtain professional certifications in New York, but the extent of the impact depends on several factors. As a general rule, having a criminal record does not automatically disqualify you from obtaining professional certifications. However, it can create additional hurdles and scrutiny during the application process.Disclosure Requirements
Many professional licensing boards in New York require applicants to disclose criminal convictions on their applications. It's crucial to be honest and upfront about your record. Failing to disclose convictions can be seen as dishonesty and may result in automatic denial of your application.For example, the New York State Education Department requires applicants for teaching certifications to disclose all criminal convictions, even if they have been sealed or expunged. Similarly, the New York State Office of the Professions requires disclosure for licenses like nursing, social work, and accounting.Evaluation Process
When you disclose a criminal record, licensing boards will typically conduct a thorough evaluation of your specific circumstances. They'll consider factors such as:- The nature and severity of the offense
- How much time has passed since the conviction
- Evidence of rehabilitation
- Relevance of the offense to the profession
Specific Professions
The impact of a criminal record varies depending on the specific profession and certification you're pursuing. Here are some examples:Teaching Certifications
The New York State Education Department takes a particularly close look at criminal records for teaching certifications. Certain convictions, especially those involving children or violence, can make it very difficult to obtain certification. However, minor offenses or those unrelated to working with children may not be disqualifying if you can demonstrate rehabilitation.Nursing Licenses
The New York State Board of Nursing evaluates criminal records on a case-by-case basis. Drug-related offenses are of particular concern given nurses' access to medications. However, many nurses with past convictions have successfully obtained licenses by showing evidence of rehabilitation and ongoing recovery.Legal Certifications
The New York State Bar has strict character and fitness requirements for attorneys. Serious criminal convictions can be a major obstacle, but the Bar does consider evidence of rehabilitation. We've helped clients with past convictions navigate this process successfully.Financial Services Certifications
Convictions related to fraud, theft, or financial crimes can make it challenging to obtain certifications in fields like accounting or financial advising. However, regulatory bodies like FINRA do have processes for seeking waivers in some cases.Strategies for Overcoming Criminal Record Challenges
If you have a criminal record and are pursuing professional certification in New York, don't lose hope. There are several strategies we can employ to improve your chances of success:1. Seek Expungement or Sealing
In some cases, we may be able to have your criminal record expunged or sealed. This can make it easier to obtain certifications, as some boards only require disclosure of unsealed convictions. New York's sealing law (CPL 160.59) allows for sealing of certain convictions after 10 years.2. Obtain a Certificate of Relief from Disabilities
This certificate can remove some legal barriers created by a conviction and serve as evidence of rehabilitation. It can be a powerful tool when applying for professional certifications.3. Gather Strong Evidence of Rehabilitation
Licensing boards want to see that you've taken steps to turn your life around. This might include:- Completion of treatment programs
- Steady employment history
- Character references
- Community service
- Additional education or training
4. Be Proactive and Transparent
Don't wait for the board to discover your record. Be upfront about your past and explain the circumstances surrounding your conviction. Demonstrate how you've grown and changed since then.5. Consider Alternative Certifications
If one path seems blocked, explore related certifications or fields where your record may be less of an issue. Sometimes, starting in an adjacent field can help you build a positive track record.How Our Attorneys Can Help
Navigating the professional certification process with a criminal record can be daunting. That's where we come in. Our experienced attorneys at Spodek Law Group can:- Review your criminal record and assess its potential impact
- Help you gather necessary documentation and evidence of rehabilitation
- Assist with applications for expungement, sealing, or certificates of relief
- Prepare you for interviews or hearings with licensing boards
- Advocate on your behalf if your application is initially denied
