How to Get a Job with a Criminal Record in New York: Your Rights Under the Fair Chance Act and Article 23-A

A criminal conviction can feel like a life sentence — not because of jail time, but because of what happens after. You apply for a job. The background check comes back. The offer is rescinded, or worse, you never hear back at all. If you live in Nassau County or anywhere on Long Island, you know how competitive the job market is. Adding a criminal record to the equation can feel impossible.

But New York law provides real protections for job seekers with criminal records — protections that most people (and many employers) don’t know exist. Understanding your rights is the first step toward overcoming the barriers. As we’ve discussed in our post on whether your employer will find out about your arrest, the outcome of your criminal case matters enormously. But even with a conviction, you have more options than you think.

Article 23-A: New York’s Anti-Discrimination Law for Job Seekers with Criminal Records

New York Correction Law Article 23-A is the foundation of employment protection for people with criminal convictions. Signed into law in 1976, it applies to every employer in New York State — public and private, large and small. Here’s what it requires:

Employers cannot automatically reject you because of a criminal conviction. Under Article 23-A, an employer must conduct an individualized assessment before denying employment based on your criminal record. A blanket policy of “no one with a criminal record” is illegal in New York.

The employer must weigh eight specific factors when evaluating your conviction:

1. New York’s public policy of encouraging the employment of people with criminal records.

2. The specific duties and responsibilities of the job you applied for.

3. The bearing, if any, that your conviction has on your fitness or ability to perform those duties.

4. The time that has elapsed since your conviction.

5. Your age at the time of the offense.

6. The seriousness of the offense.

7. Any information you provide about rehabilitation and good conduct since the conviction.

8. The legitimate interest of the employer in protecting property, safety, and the welfare of specific individuals or the general public.

Critically, the employer can only deny you if they determine that there is a direct relationship between the conviction and the job duties, or that hiring you would create an unreasonable risk to public safety or welfare. Even then, the employer must apply all eight factors and document its analysis. If you believe you were denied a job in violation of Article 23-A, you may have grounds for a discrimination complaint.

New York State’s Ban-the-Box Law

In 2015, New York State enacted a statewide “ban-the-box” law that applies to all public employers (state agencies, counties, municipalities) with 10 or more employees. Under this law:

Public employers cannot ask about your criminal history on the initial job application. The checkbox that used to ask “Have you ever been convicted of a crime?” is prohibited. The employer can only inquire about your criminal record after making a conditional offer of employment.

For private employers, New York City’s Fair Chance Act goes even further (see below). Outside NYC, private employers on Long Island are not covered by a local ban-the-box ordinance, but they are still bound by Article 23-A’s individualized assessment requirement. This means even if a Nassau County private employer asks about your record on the application, they still cannot automatically reject you based on the answer.

The NYC Fair Chance Act: If You Work in the City

Many Nassau County and Suffolk County residents commute to jobs in New York City. If you work in NYC — or if your employer is based in NYC, even if you work remotely from Long Island — the NYC Fair Chance Act (NYC Admin. Code §8-107) provides the strongest protections in the state:

No criminal history inquiry until after a conditional offer. Private employers with 4+ employees cannot ask about your criminal record on the application, during the interview, or at any point before extending a conditional job offer. This applies to all forms of inquiry — verbal, written, or electronic.

If the employer wants to revoke the offer based on your record, they must follow a specific process. The employer must provide you with a written copy of the inquiry and analysis, give you the specific factors they considered under Article 23-A, and allow you at least 5 business days to respond before making a final decision. During that 5-day window, you can provide evidence of rehabilitation, character references, or any information that addresses the employer’s concerns.

The employer cannot consider certain types of records at all. Arrests that did not result in conviction, sealed records, youthful offender adjudications, and violations (non-criminal offenses) cannot be used against you. If your case was resolved with a dismissal, an ACD (Adjournment in Contemplation of Dismissal), or a sealing under CPL §160.50 or §160.59, those records should not appear on a standard background check and cannot be held against you.

The Clean Slate Act: A Game-Changer for Background Checks

New York’s Clean Slate Act (CPL §160.57), which took effect in November 2024, adds another layer of protection by automatically sealing eligible convictions from most public background checks. Misdemeanor convictions are sealed after 3 years and felony convictions after 8 years (with exceptions for sex offenses and certain violent felonies). Once sealed, your conviction will not appear on the standard OCA or third-party background checks used by most employers and landlords.

However, the OCA has until November 2027 to fully implement automatic sealing for all eligible pre-existing convictions. If you cannot wait, you can proactively petition for sealing under CPL §160.59. An attorney can evaluate which pathway gets you relief fastest.

Certificates of Relief and Certificates of Good Conduct

New York offers two official certificates that can significantly improve your employment prospects by demonstrating rehabilitation:

Certificate of Relief from Disabilities (CRD). Available to individuals with no more than one felony conviction. The CRD removes automatic bars to employment and professional licensing created by the conviction. It does not erase the conviction from your record, but it legally prevents licensing agencies and employers from automatically disqualifying you based on the conviction alone. You can apply for a CRD from the sentencing court (if still under supervision) or from the New York State Board of Parole (if your sentence is complete).

Certificate of Good Conduct (CGC). Available to individuals with more than one felony conviction. The CGC requires you to demonstrate a minimum period of good conduct: 3 years for a misdemeanor, 5 years for a Class C/D/E felony, or 7 years for a Class A/B felony. It provides the same legal protections as a CRD.

These certificates are powerful tools. Many licensing agencies — including those that regulate nurses, security guards, real estate agents, and other professionals — are required by law to consider a CRD or CGC as evidence of rehabilitation. If you are applying for a professional license with a conviction on your record, obtaining one of these certificates before your application hearing can be the difference between approval and denial.

Practical Strategies for Job Seekers with Criminal Records

Beyond understanding your legal rights, here are practical steps that can improve your job search:

Know your record before employers do. Request your RAP sheet from the New York State DCJS and your court records from the OCA. Review them for accuracy. Errors on criminal records are more common than you think — dismissed charges still appearing, incorrect disposition dates, or misclassified offenses can all be challenged and corrected.

Get your record sealed if eligible. If your conviction qualifies for sealing under CPL §160.59 or the Clean Slate Act, pursue it aggressively. A sealed record does not appear on most background checks. This single step can transform your job search overnight.

Obtain a CRD or CGC. As described above, these certificates provide legal protection against automatic disqualification and serve as official evidence of rehabilitation.

Prepare your narrative. If an employer asks about your conviction (after a conditional offer, as required by law), be honest, take responsibility, and focus on what you’ve done since. Complete a training program, obtain a certification, volunteer in your community, or take any other concrete step that demonstrates growth. Employers respond to accountability and evidence of change.

Target industries that are more receptive. Construction, trades, manufacturing, food service, warehouse and logistics, and many small businesses on Long Island have a track record of hiring individuals with criminal records. Staffing agencies can also be a valuable entry point.

Use workforce development resources. Nassau County and New York State offer several workforce development programs for individuals with criminal records, including programs through the Nassau County Department of Social Services, the New York State Department of Labor, and community organizations like the Legal Aid Society of Nassau County. These programs provide job training, placement assistance, and support services.

What Employers Cannot Do: Know Your Red Lines

Knowing what employers are prohibited from doing is just as important as knowing what they can do:

Cannot ask about arrests that did not lead to conviction. Under New York law, an employer cannot inquire about or base any hiring decision on arrests that were dismissed, resulted in an ACD, or were otherwise resolved without a conviction.

Cannot access sealed records. If your record has been sealed under CPL §160.50 (dismissed cases), §160.55 (non-criminal violations), §160.59 (petition-based sealing), or the Clean Slate Act, the employer cannot see it and cannot use it.

Cannot discriminate based on a youthful offender adjudication. If your case was resolved as a youthful offender (YO), the records are sealed and cannot be considered by employers.

Cannot penalize you for off-duty legal cannabis use. Under New York Labor Law §201-d, most employers cannot discriminate against you for legal, off-duty cannabis use (with limited exceptions for safety-sensitive and federally regulated positions).

Cannot fire you based solely on a pending charge. A pending criminal charge is not a conviction. While an employer may take action if the charge is directly related to your job duties, a blanket termination based on an arrest alone may violate Article 23-A and other protections.

When Your Criminal Case Outcome Matters Most

Everything in this guide reinforces one central truth: the outcome of your criminal case has a direct and lasting impact on your employability. The difference between a conviction and a dismissal is the difference between a permanent barrier and a sealed record. The difference between a felony conviction and a misdemeanor reduction is the difference between years of employment barriers and a record that can be sealed in 3 years. The difference between a plea to disorderly conduct (a non-criminal violation) and a plea to petit larceny (a Class A misdemeanor) is the difference between a clean background check and a theft conviction that follows you for life.

This is why the quality of your criminal defense attorney matters so much. A skilled lawyer doesn’t just fight the charge — they fight for the outcome that gives you the best possible future. Whether you’re facing a DWI, a drug charge, a shoplifting arrest, an assault charge, or any other offense, the defense strategy should account for employment consequences from day one.

Contact Hochhauser Criminal & DWI Defense Today

At Hochhauser Criminal & DWI Defense, Richard Hochhauser understands that your case doesn’t end when the courtroom doors close. The employment consequences of a criminal record are real, lasting, and often more devastating than the sentence itself. That’s why he fights not just for acquittals and dismissals, but for the specific outcomes — ACDs, reductions to violations, sealed records — that protect your ability to earn a living.

If you are facing criminal charges in Nassau County, Suffolk County, or anywhere on Long Island, or if you have an existing conviction and want to explore record sealing or certificates of relief, contact us today for a free, confidential consultation. Call or text (516) 939-1529. Our office is located directly across from the Nassau County courthouse at 164 Jackson Street in Hempstead.