FAQs: Your Rights in the Workplace

Is it illegal for employers to deny you a job or fire you because of your criminal record?

It is illegal for an employer to deny you a job, fire you, or discriminate against you because of past arrests that did not lead to a conviction, sealed violations, or Youthful Offender (YO) adjudications. These protections are in Article 23-A of the New York Correction Law. This same law makes it illegal for you a job or fire you because of a criminal record if that record is "directly related" to the job in question, or if hiring you would create an "unreasonable risk" to the safety of people or property.

May an employer ask about your criminal record?

The New York State Human Rights Law prohibits employers from asking about arrests that did not lead to conviction, sealed violations -- which are non-criminal offenses, and about Youthful Offender (YO) adjudications. Employers are allowed to ask about convictions.

What if the job application asks if you have ever been convicted of a crime? Should you tell the truth?

A. We advise you to tell the truth. While it is tempting to lie out of hope that the employer might not find out about your criminal record, more and more employers are running criminal background checks, making it likely that they will find out anyway. If you lie (directly or by leaving out information) and the employer finds out, the employer can legally refuse to hire or fire you because of the lie. This is so even if your criminal record itself should not disqualify you from the job.

Is there anything you can do about your criminal convictions?

If you have any number of misdemeanors and/or only one felony conviction, it cannot be sealed, but you can apply for a Certificate of Relief from Disabilities or Certificate of Good Conduct. See our FAQs on certificates and how to apply.

To download free materials that describe these and related issues in detail, see the list of Free Publications below, or browse through our Criminal Justice Publications.