What's happening
This bill prohibits employers and educational institutions in New York from requiring individuals to provide copies of their official criminal history records.
Why it matters
Reduces barriers to employment and education for people with criminal records. by stopping employers and schools from demanding official copies of those records, making it easier for individuals to move forward after involvement with the justice system.
Limits the ability of institutions to “self-vet” applicants beyond what the law allows. , ensuring that hiring and admissions decisions rely on appropriate legal channels and protections rather than direct disclosure from the applicant.
Supports privacy and accuracy. by keeping criminal history information within the official state system (Division of Criminal Justice Services), which helps prevent misuse, misinterpretation, or unnecessary sharing of sensitive personal data.
Aligns with existing anti-discrimination and fair chance laws. , reinforcing the principle that past convictions should not automatically disqualify individuals from jobs or education and that all applicants deserve a fair evaluation.
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Who cares
Headline styles
Stop Forced Disclosure of Records
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 25
16 Co-sponsors
3 Multi-sponsors
History
- Ordered to third reading cal.200
- Advanced to third reading cal.167
- Reported
- 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 Forcing Criminal Records Disclosure
In Senate Committee · Investigations And Government Operations · Sponsor Jamaal Bailey
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5279
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 2019
Introduced by M. of A. ROZIC, BARRON, BICHOTTE, BLAKE, COOK, GOTTFRIED, JAFFEE, MOSLEY, O'DONNELL, OTIS, PERRY, PICHARDO, WALKER -- Multi- Sponsored by -- M. of A. DAVILA, GLICK, PEOPLES-STOKES -- read once and referred to the Committee on Correction
AN ACT to amend the executive law and the education law, in relation to prohibiting mandatory disclosure of a criminal history record in certain circumstances
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 15 of section 296 of the executive law, as amended by chapter 534 of the laws of 2008, is amended to read as follows:
15. It shall be an unlawful discriminatory practice for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to deny any license or employment to any individual by reason of his or her having been convicted of one or more criminal offenses, or by reason of a finding of a lack of "good moral character" which is based upon his or her having been convicted of one or more criminal offenses, when such denial is in violation of the provisions of article twenty-three-A of the correction law. Further, there shall be a rebuttable presumption in favor of excluding from evidence the prior incarceration or conviction of any person, in a case alleging that the employer has been negligent in hiring or retaining an applicant or employee, or supervising a hiring manager, if after learning about an applicant or employee's past criminal conviction history, such employer has evaluated the factors set forth in section seven hundred fifty-two of the correction law, and made a reasonable, good faith determination that such factors militate in favor of hire or retention of that applicant or employee. No person, agency, bureau, corporation, association, the state or any political subdivision thereof, shall require an individual to provide a copy of his or her criminal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00979-01-9
A. 5279 2
history record that he or she obtained pursuant to the rules and regulations of the division of criminal justice services.
§ 2. Subdivision 3 of section 313 of the education law is amended by adding a new paragraph (f) to read as follows:
(f) No educational institution shall require an individual to provide a copy of his or her criminal history record that he or she obtained pursuant to the rules and regulations of the division of criminal justice services.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.
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.