Having a criminal record can certainly impact your job prospects in New York, but the situation may not be as dire as you think. At Spodek Law Group, we understand the challenges individuals with criminal histories face when seeking employment. Our experienced attorneys are here to help you navigate the complex laws and regulations surrounding hiring practices in New York.

New York's Fair Chance Act: A Game Changer for Job Seekers

In 2015, New York City passed the Fair Chance Act, also known as "Ban the Box" legislation. This law prohibits employers from asking about an applicant's criminal history until after a conditional job offer has been made. It's a significant step forward in giving people with criminal records a fair shot at employment.Here's what you need to know about the Fair Chance Act:

• Employers can't include questions about criminal history on job applications
• Criminal background checks can only be conducted after a conditional job offer
• If an employer wants to rescind an offer based on criminal history, they must follow a specific process

The Fair Chance Act applies to most employers in New York City with four or more employees. However, there are some exceptions for certain positions, like law enforcement jobs.Have you been denied a job because of your criminal record? We can help you understand your rights under the Fair Chance Act. Call us at 212-300-5196 for a free consultation.

The Article 23-A Analysis: Giving You a Fair Shake

Even if an employer discovers your criminal record after making a job offer, they can't automatically disqualify you. New York State Correction Law Article 23-A requires employers to conduct an individualized assessment of your criminal history. This analysis must consider several factors:

1. The specific duties of the job you're applying for
2. How much time has passed since your conviction
3. Your age at the time of the offense
4. The seriousness of the offense
5. Any evidence of rehabilitation you can provide

Here's a breakdown of how employers should weigh these factors: Our attorneys at Spodek Law Group can help you prepare evidence of rehabilitation and make a strong case for your employability. We've helped countless clients overcome the stigma of a criminal record and secure meaningful employment.

When Can Employers Ask About Your Criminal History?

While the Fair Chance Act provides significant protections, it's important to understand when employers are allowed to inquire about your criminal background:

1. After a conditional job offer: Once an employer extends a conditional offer of employment, they can ask about your criminal history and run a background check.
2. Specific job requirements: Some positions, like those involving work with children or handling sensitive information, may require disclosure of criminal history earlier in the process.
3. Licensing requirements: Certain professional licenses may have specific disclosure requirements related to criminal history.

Remember, even if an employer asks about your criminal record, they still must follow the Article 23-A analysis before making a final decision.Worried about how to disclose your criminal history to a potential employer? Our attorneys can guide you through the process and help you present your past in the best possible light. Call us at 212-300-5196 for personalized advice.

Your Rights When Facing Discrimination

Despite the legal protections in place, some employers may still discriminate against applicants with criminal records. If you believe you've been unfairly denied employment due to your criminal history, you have options:

1. File a complaint: You can file a complaint with the New York City Commission on Human Rights or the New York State Division of Human Rights.
2. Seek legal representation: Our attorneys at Spodek Law Group can help you build a strong case and fight for your rights.
3. Request a copy of your background check: If an employer used a background check to make their decision, you have the right to request a copy and dispute any inaccuracies.

Don't let discrimination hold you back from pursuing your career goals. We're here to stand up for your rights and help you overcome obstacles related to your criminal record.

Sealing and Expungement: A Fresh Start

In some cases, it may be possible to seal or expunge certain criminal records in New York. This can greatly improve your employment prospects by limiting access to your criminal history. Here's what you need to know:

• Record sealing: As of 2017, New York allows for the sealing of certain non-violent convictions after a 10-year waiting period.
• Youthful offender records: If you were granted youthful offender status, those records are automatically sealed.
• Marijuana convictions: Recent legislation has made it easier to expunge certain marijuana-related convictions.

Navigating the sealing and expungement process can be complex. Our attorneys at Spodek Law Group have extensive experience in this area and can guide you through every step of the process.Interested in sealing or expunging your criminal record? We can help you determine if you're eligible and handle all the necessary paperwork. Call us at 212-300-5196 to get started on your fresh start.

Building a Brighter Future

While having a criminal record can present challenges in your job search, it doesn't have to define your future. With the right legal support and knowledge of your rights, you can overcome these obstacles and build a successful career.At Spodek Law Group, we're committed to helping individuals with criminal records get a fair shot at employment. Our experienced attorneys understand the nuances of New York's employment laws and can provide the guidance you need to navigate the job market successfully.Remember, you're more than your criminal record. You have skills, experiences, and potential that employers need. Let us help you showcase your strengths and overcome the barriers that may be holding you back.Ready to take control of your employment future? Contact Spodek Law Group today at 212-300-5196 for a free consultation. We'll fight for your rights and help you build the career you deserve.