Q: Hello, I am wondering how someone in New York with a lengthy criminal history,( 28 arrests, including 1 for murder),

A: Understanding how someone with a lengthy criminal history—including multiple arrests and a serious charge like murder—could pass background checks in New York involves examining state laws on criminal records and employment practices. I hope the following information helps clarify this matter.

In New York, several factors could allow someone with a significant criminal history to pass background checks. First, there's a distinction between arrests and convictions. Under New York's Criminal Procedure Law § 160.50, records of arrests that did not lead to convictions are typically sealed. These sealed records are not accessible to most employers or the general public, meaning multiple arrests without convictions may not appear on background checks.

Second, New York allows for the sealing of certain convictions. Under Criminal Procedure Law § 160.59, individuals can apply to seal up to two convictions, including one felony, after a 10-year waiting period from the date of conviction or release from incarceration. If approved, these sealed convictions would not be visible to most employers. Additionally, convictions adjudicated under youthful offender status are automatically sealed and are not considered criminal convictions.

The Fair Credit Reporting Act (FCRA) also affects what information can be reported. It restricts consumer reporting agencies from disclosing arrest records older than seven years. While convictions can be reported indefinitely, background check companies must ensure the information they provide is accurate and up-to-date.

New York's Human Rights Law, specifically Article 23-A of the Correction Law, prohibits employers from unfairly discriminating against applicants with criminal convictions unless there is a direct relationship between the offense and the job, or hiring the individual would pose an unreasonable risk. Furthermore, New York City has "Ban-the-Box" laws that prevent employers from inquiring about criminal history until after a conditional job offer is made.

Incomplete or inaccurate background checks could also be a factor. Not all databases are comprehensive, and clerical errors can result in records not being found. If the individual has common names or aliases, it may complicate record matching. They might also have obtained Certificates of Relief from Disabilities or Certificates of Good Conduct, which can restore certain rights and improve employment prospects.

If you have specific concerns about a particular situation, consulting a legal professional experienced in New York criminal and employment law would be advisable.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. Laws and regulations may have changed since this writing. For personalized guidance, please consult a qualified attorney licensed in New York.