What's happening
This bill requires employers to make a conditional job offer before asking about or considering an applicant's criminal convictions.
Why it matters
Levels the playing field for job applicants with criminal records. By requiring employers to make a conditional job offer before asking about convictions, the bill helps ensure candidates are first judged on their qualifications, not their criminal history.
Limits arbitrary or discriminatory rejection. Employers can only rescind a job offer based on a criminal conviction if it directly relates to the job or poses an unreasonable risk, according to established legal criteria. This protects applicants from being turned away for irrelevant past offenses.
Could increase workforce participation and reduce recidivism. By giving people with criminal records a fairer shot at employment, the bill may help break cycles of unemployment and re-offending, benefiting both individuals and communities.
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Who cares
Headline styles
Delay Criminal Record Checks
Plain English, a few words. Used as the page title.
Sponsors
History
- Ordered to third reading cal.157
- Advanced to third reading cal.290
- Reported
- Reported referred to codes
- 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.
Ban Early Criminal Checks
In Senate Committee · Investigations And Government Operations · Sponsor David Carlucci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3972
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. AUBRY -- 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.
LBD06481-01-9
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.