![]() ![]() No, some employers are required by law to check your criminal record. After receiving these materials, you have three business days to respond to address the employer’s concerns.ĭo all employers have to follow the Fair Chance Act? The employer must send you its reasoning in writing, along with the background check it used. because your conviction history creates an unreasonable risk to people or property.because a direct relationship exists between your conviction and the job you want or.If you have a certificate of relief from disabilities or a certificate of good conduct, an employer must presume you are rehabilitated for your convictions.Īfter looking at these factors, an employer can decide to not hire you for one of two reasons:.These can include letters of recommendation from people who know you, like teachers, counselors, supervisors, clergy, and parole or probation officers. This includes evidence that you attended school, job training, or counseling had past employment or are involved with your community. Any positive information you have in your favor.The seriousness of your conviction record.Your age when you engaged in criminal conduct.The amount of time that has passed since the events that led to your criminal conviction.The bearing, if any, of your criminal record on your ability to do the job.The specific duties and responsibilities of the job. ![]() That New York public policy encourages the employment of people with criminal records.Before deciding not to hire you because of your criminal record, employers must consider these factors: Hold the job open for at least three business days after the employer communicates its decision to you so that you can respond to the decision.Įmployers cannot deny you work just because you have a criminal record.Evaluate you by considering specific factors and share that written evaluation with you and.Give you a copy of any background check it did on you. ![]() But before making a final decision, an employer must do three things: Once an employer finds out about your criminal record, the employer can decide not to hire you. The only exception is if you are applying to be a police or peace officer. Most cases adjourned in contemplation of dismissal ("ACD").Įven if an employer finds out about this information, it cannot be used against you.
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