What's happening
This bill requires employers in New York to make a conditional job offer before asking about or acting on an applicant’s criminal convictions.
Why it matters
Levels the playing field for job applicants with prior convictions. By prohibiting employers from asking about criminal history until after a conditional job offer, the bill helps ensure that candidates are evaluated first on their qualifications, potentially reducing bias and expanding opportunities for those with records.
Limits when job offers can be withdrawn due to past convictions. Employers may only revoke a conditional offer based on a criminal conviction if it directly relates to the job or poses an unreasonable risk, as defined by existing law. This restricts arbitrary or broad rejections due to past offenses.
Expands protections to public and private sector jobs. The bill’s language covers all types of employers, including government agencies and private companies, broadening its impact across the entire New York workforce.
Aligns with broader efforts to reduce recidivism and promote reintegration. By making it easier for people with criminal records to secure employment, the bill supports social and economic stability, which research shows can help reduce repeat offenses and benefit communities.
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Who cares
Headline styles
Ban Early Criminal Checks
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
1 Co-sponsor
History
- Referred to investigations and government operations
- Referred to investigations and government operations
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.
Delay Criminal Record Checks
Assembly Floor Calendar · Sponsor Jeffrion Aubry
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1402
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sens. CARLUCCI, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
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.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to requiring employers to make a conditional offer of employment before inquiring about any crimi- nal convictions of a prospective employee
Purpose
This bill will curtail unlawful discriminatory practices against persons with criminal records and help to ensure that employers abide by the provisions of Article 23-A of the correction law.
Summary of provisions
Section 1 of the bill amends the Human Rights Law to provide that no employer may ask about a criminal conviction unless such employer first makes a conditional offer of employment. Such offer could then be with- drawn in accordance with Article 23-A of the correction law where there is a direct relationship between the employment and the conviction and hiring the person would threaten public safety or property.
Section 2 of the bill provides that the act shall take effect on the ninetieth day after it shall have become law.
Justification
Upon return to the community following incarceration, individuals are expected to find and maintain gainful employment. Finding effective ways to manage their reentry into the workforce is critical to promoting public safety and curbing recidivism rates and the high costs of re-in- carceration. Unfortunately, many employers maintain blanket barriers to employment based solely on criminal conviction records even when the conviction may be completely unrelated to the job sought and no threat to the public or property is present.
Article 23-A of the correction law prohibits discrimination against a person with a criminal record unless the duties or responsibilities of the job or license sought are directly related to the conviction. This bill will help to ensure that employers abide by the standards of Arti- cle 23A and do-not automatically disqualify applicants based only on a criminal conviction.
Legislative history
2017-18: S2425a/A2343 - INVESTIGATIONS & GOV'T OPS/passed assembly
Fiscal implications
Successful re-entry and re-integration of formerly incarcerated individ- uals will increase state revenues through the inclusion of thousands of able-bodied, "taxpaying citizens" to the state's workforce; additional savings to the state will ensure from a reduction in costs associated with recidivism, re-incarceration and social services.
Local fiscal implications
None.
Effective date
This act will take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.