Job applicants and arrest/conviction history

Applying for a job can be a nerve-wracking experience for anyone. It can be particularly so for individuals with an arrest or conviction history. Getting a new job can sometimes be a big help in getting one’s life back in order after an arrest or conviction and its aftermath. Thus, a lot can be at stake for a person with an arrest/conviction history when applying for a job.

There are many things a person with such a history may be worried about when applying for a job. One is whether their arrest/conviction history will lower their likelihood of getting the job.

It is important for individuals with an arrest/conviction history who are applying for a job in New York City to know that city and state law puts limits on what employers can and can’t consider when it comes to a job applicant’s arrest/conviction history when making hiring decisions. 

When it comes to an arrest that was made against a job applicant, whether an employer can consider the arrest depends on whether the case started by the arrest is still open or if it has been closed. 

If the case is still open with no disposition having yet been reached, the arrest generally can be considered. On the other hand, if the case has been closed, the arrest generally cannot be considered. 

When it comes to a past criminal conviction made against a job applicant, an employer can consider the conviction if one of two situations apply. One of these situations is when an undue risk would be posed, in the workplace, to the safety of others or to property if the job applicant were to be hired. The other is if the prior conviction is directly related to the job being applied for. 

No job applicant in New York City with a past arrest or conviction on their record should have to face being denied a job because an employer considered their arrest/conviction history in a way not allowed by city and state anti-discrimination laws.

Our firm has a great deal of knowledge on anti-discrimination laws, including anti-discrimination laws regarding job applicant arrest/conviction history and hiring decisions. We can help individuals who believe that they were denied a job because of unfair arrest/conviction history discrimination look into whether the employer that denied them the job considered their arrest/conviction history in an improper way.  

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