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A2343Assembly2017-2018 SessionSame asS2425

Delay Criminal History Checks

Official title

“Requires employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee”

Sponsor Jeffrion AubryAD-35+23 co-sponsorsAffects Legal
Status
In Senate Committee
Rules
Impact
8/10
Significant
Passage
0%

Bill progress

Step 5 of 7

In Senate · Rules

What's happening

This bill requires employers to make a conditional job offer before asking about or considering a candidate's criminal convictions.

Why it matters

  1. Significantly changes the hiring process. by making it illegal for most employers to ask about or consider a job applicant’s criminal convictions until after a conditional job offer is made, reducing the chance for bias or automatic disqualification early in the process.

  2. Limits when a job offer can be revoked. based on criminal history—employers can only withdraw an offer if the conviction is directly related to the job or poses an unreasonable risk, following a specific legal standard (Article 23-A), which protects applicants from arbitrary or overly broad rejections.

  3. Expands protections to a wide range of job seekers. , including those applying to positions with the state or local government, not just private employers, potentially opening more opportunities for people with past convictions across the public and private sectors.

  4. Aims to reduce recidivism and promote fairer hiring practices. by giving individuals with criminal records a genuine chance to be evaluated on their qualifications before their record is considered, which can help with successful reintegration into the workforce and society.

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Who cares

Headline styles

Delay Criminal History Checks

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jeffrion Aubry

Assembly Member · Assembly District 35

History

  1. Referred to rules
  2. Delivered to senate
  3. Passed assembly
  4. Ordered to third reading cal.177
  5. Returned to assembly
  6. Died in senate
  7. Referred to investigations and government operations
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.22
  11. Reported
  12. Reported referred to codes
Show 1 earlier action
  1. Referred to correction

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2425Senate

Delay Criminal Background Questions

In Senate Committee · Investigations And Government Operations · Sponsor David Carlucci

Impact 7 · Significant0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2343

2017-2018 Regular Sessions

IN ASSEMBLY

January 18, 2017

Introduced by M. of A. AUBRY, KAVANAGH, PRETLOW, COLTON, O'DONNELL, PERRY, JAFFEE, GOTTFRIED, COOK, ARROYO, WALKER, PICHARDO, RICHARDSON, BRONSON, HYNDMAN, SEPULVEDA, BLAKE -- Multi-Sponsored by -- M. of A. HOOPER, SIMON -- read once and referred to the Committee on Correction

AN ACT to amend the executive law, in relation to requiring employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 296 of the executive law is amended by adding a new subdivision 15-a to read as follows:

15-a. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any prospective employer, including any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make an inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved based upon, any criminal conviction of such individual unless such employer first makes a conditional offer of employment to such individual. Such conditional offer of employment may only subsequently be withdrawn on the basis of a criminal conviction in accordance with article twenty-three-A of the correction law where such conviction bears a direct relationship, as such term is defined in subdivision three of section seven hundred fifty of the correction law, to the specific position being offered, or the granting of such employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08007-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.