Nyack, NY asked in Employment Discrimination for New York

Q: When fingerprinted for employment in NYS .How many years they do a CBC

Related Topics:
1 Lawyer Answer

A: I think a more important question might be the type of criminal conviction involved. I understand that you do not and should not post specific details about past criminal acts on line, anywhere, ever.

New York City job applicants are now protected by recent "ban the box" legislation. Any employer in any of the five Burroughs bans the box. They don't ask about prior criminal activity although they have to provide notice to you that you are entitled to and should insist on a copy of any CBC report if you are offered conditional employment (i.e. "we will hire you as long as your CBC is consistent with our business necessity) so that you can rebut or correct it.

All New York State job applicants are covered as follows, per NYS Department of Labor:

https://www.labor.ny.gov/careerservices/ace/employers.shtm

Scan down the first page and note whether there is a "direct relationship" between the prior criminal conviction and the job or position sought by an applicant. For example, if you had a history of passing bad checks (i.e. check kiting) and the CBC revealed those convictions, there is a pretty strong likelihood that no financial institution would hire you for a position where you might have access to customers' personal financial information.

Don't apply for jobs where there is a "direct relationship" with your prior conviction(s) regardless of how old they are and you should be a lot better off in New York than in many other states around the country. If you discover that ancient convictions are affecting your employability then retain a criminal defense counselor at law to attempt sealing or expungement if possible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.