Criminal Records and Employment: Protecting Yourself from Discrimination, Legal Action Center (2013)

Guides (Legal or Medical)

This guide is designed to assist New Yorkers with a criminal record in their job search. The guide discusses the questions an employer can and cannot legally ask an applicant, the best ways to disclose a criminal history, and the extent to which applicants with criminal records are protected by law. For example, most employers cannot ask job applicants if they have ever been arrested, but all employers can ask about unsealed convictions. The Legal Action Center (LAC) encourages job seekers to tell the truth to avoid the risk of being lawfully denied a job after an undisclosed criminal record is discovered. LAC warns that answering “no” when asked an unlawful question may not always be the best option. The guide provides a comprehensive list of examples to help clarify what answers to give and when to give them. Additionally, the guide provides useful resources and steps a job seeker can take if they believe they are being discriminated against based on their criminal record.