Can a Criminal Record Affect Your Professional Opportunities in New York?

Having a criminal record can significantly impact your professional opportunities in New York. As experienced federal criminal defense attorneys, we at Spodek Law Group have seen firsthand how a criminal conviction can create roadblocks in employment, licensing, and career advancement. However, there are laws in place to protect individuals with criminal records from unfair discrimination. With the right legal guidance, you may be able to overcome the challenges posed by a criminal history and pursue your professional goals.In this comprehensive guide, we'll explore how criminal records affect employment and licensing in New York, what rights and protections you have, and steps you can take to minimize the impact of a criminal record on your career. Our goal is to empower you with knowledge and connect you with experienced legal counsel who can advocate for your rights.

How Employers Can Access Criminal Record Information in New York

One of the first questions many of our clients ask is: "How will potential employers find out about my criminal record?" There are a few key ways employers in New York can access criminal history information:

Background Checks

Many employers conduct background checks on job applicants as part of the hiring process. These checks may reveal:

• Convictions (felonies and misdemeanors)
• Pending criminal cases
• Arrests that resulted in convictions

However, employers are NOT supposed to see:

• Sealed or expunged records
• Youthful offender adjudications
• Arrests that didn't lead to convictions

It's important to note that employers need your written consent to run a background check. If you're denied employment based on information in the background check, you have a right to see a copy of the report.

Self-Disclosure

Some job applications may ask you to disclose criminal convictions. However, under New York's Fair Chance Act, most employers are prohibited from asking about criminal history until after a conditional offer of employment is made.

Public Records

Court records and other public databases may contain information about criminal convictions. However, accessing and interpreting these records can be challenging for employers.

Professional Licensing Boards

For jobs requiring professional licenses, licensing boards often have access to more detailed criminal history information as part of the licensing process.Understanding how employers can access your criminal record is the first step in developing strategies to address potential issues. Our attorneys can help you review your record and determine what information employers are likely to see.

Legal Protections for Job Seekers with Criminal Records in New York

New York has some of the strongest legal protections in the country for individuals with criminal records who are seeking employment. As federal criminal defense lawyers, we believe it's crucial for our clients to understand their rights. Here are some key laws and protections you should be aware of:

New York State Human Rights Law (Article 23-A)

This law prohibits unfair discrimination against people with criminal records in employment and licensing decisions. Under Article 23-A, employers and licensing agencies must consider several factors before denying employment or a license based on a criminal record:

• The specific duties and responsibilities of the job or license
• How long ago the offense occurred
• The seriousness of the offense
• Evidence of rehabilitation
• The legitimate interest of the employer in protecting property and safety

Employers can't automatically disqualify you just because you have a criminal record. They must show there's a direct relationship between your conviction and the specific job duties, or that employing you would pose an unreasonable risk.

New York City Fair Chance Act

Also known as the "Ban the Box" law, this applies to employers in New York City with four or more employees. Key provisions include:

• Employers can't ask about criminal history on job applications
• Criminal background checks can only be conducted after a conditional offer of employment
• If an employer wants to withdraw a job offer based on criminal history, they must follow a specific process, including providing you with a written explanation

Federal Protections

In addition to state and local laws, federal protections like Title VII of the Civil Rights Act prohibit employment policies that disproportionately exclude certain racial groups, unless the employer can show the policy is job-related and consistent with business necessity.These laws provide significant protections, but navigating them can be complex. That's where we come in. Our experienced attorneys at Spodek Law Group can help you understand your rights and advocate on your behalf if you've faced unfair discrimination.

Impact of Criminal Records on Professional Licensing in New York

For many professions in New York, obtaining a license is a crucial step in starting or advancing your career. However, having a criminal record can complicate the licensing process. Here's what you need to know:

Professions Requiring Licenses

New York requires licenses for a wide range of professions, including:

• Healthcare (doctors, nurses, pharmacists)
• Law
• Education
• Real estate
• Finance and insurance
• Social work
• Cosmetology
• Security guards

How Criminal Records Affect Licensing

Licensing boards in New York generally consider criminal history as part of the application process. However, they're required to follow Article 23-A of the Correction Law, which means they can't automatically deny a license based solely on a criminal record.Factors licensing boards must consider include:

• The nature and seriousness of the crime
• How long ago the crime occurred
• The specific duties of the licensed profession
• Any evidence of rehabilitation

Specific Challenges

Certain convictions may pose particular challenges for specific licenses. For example:

• Healthcare licenses: Drug-related convictions may be scrutinized more closely
• Legal licenses: Convictions related to fraud or dishonesty may be problematic
• Education licenses: Convictions involving children or violence may raise red flags

Strategies for Overcoming Licensing Hurdles

If you're concerned about how your criminal record might affect your ability to obtain a professional license, consider these strategies:

1. Be proactive: Gather evidence of rehabilitation, including character references, education certificates, and proof of community involvement.
2. Be honest: Failing to disclose a conviction can be grounds for denial, even if the conviction itself wouldn't have been disqualifying.
3. Seek legal counsel: An experienced attorney can help you navigate the licensing process and advocate on your behalf.
4. Consider record sealing: In some cases, you may be eligible to have certain convictions sealed, which can improve your chances of obtaining a license.

At Spodek Law Group, we've helped numerous clients overcome licensing challenges related to criminal records. We understand the nuances of different licensing boards and can develop tailored strategies to support your professional goals.

Strategies for Minimizing the Impact of a Criminal Record on Your Career

While having a criminal record can present challenges, there are several strategies you can employ to minimize its impact on your professional opportunities in New York. Here are some approaches we often recommend to our clients:

1. Seek Record Sealing or Expungement

New York's sealing law allows certain criminal records to be sealed, making them invisible to most employers. Eligibility criteria include:

• Up to two misdemeanor convictions or one felony and one misdemeanor
• At least 10 years since your last conviction
• No pending criminal charges

Sealing your record can significantly improve your employment prospects. Our attorneys can help you determine if you're eligible and guide you through the process.

2. Obtain Certificates of Relief from Disabilities or Good Conduct

These certificates can restore rights lost due to a conviction and provide evidence of rehabilitation. They can be powerful tools when applying for jobs or licenses.

3. Focus on Rehabilitation and Personal Growth

Employers and licensing boards are often impressed by evidence of rehabilitation. Consider:

• Completing education or training programs
• Volunteering in your community
• Maintaining steady employment
• Seeking treatment for any underlying issues that contributed to past criminal behavior

4. Be Strategic in Your Job Search

While it's illegal for employers to have blanket policies against hiring people with criminal records, some industries may be more open than others. Research companies known for fair chance hiring practices.

5. Prepare for Background Checks and Interviews

Be ready to discuss your criminal history in a way that emphasizes personal growth and lessons learned. Practice your explanation with a trusted friend or mentor.

6. Know Your Rights

Familiarize yourself with the laws protecting job seekers with criminal records, such as the Fair Chance Act. If you believe an employer has violated these laws, seek legal counsel.

7. Consider Self-Employment or Entrepreneurship

Starting your own business can be a viable option if you're facing significant barriers to traditional employment.Remember, overcoming the challenges posed by a criminal record often requires a multi-faceted approach. At Spodek Law Group, we can help you develop a comprehensive strategy tailored to your unique situation and career goals.

The Role of Legal Counsel in Protecting Your Professional Opportunities

Navigating the complexities of employment and licensing with a criminal record can be challenging. That's where experienced legal counsel comes in. Here's how we at Spodek Law Group can help protect your professional opportunities:

1. Record Review and Strategy Development

We'll conduct a thorough review of your criminal record and help you understand:

• What information employers and licensing boards can access
• Potential barriers you may face
• Strategies for addressing these challenges

2. Assistance with Record Sealing and Expungement

If you're eligible for record sealing or expungement, we can guide you through the process, increasing your chances of success.

3. Advocacy in Licensing Matters

When applying for professional licenses, we can:

• Help you prepare your application
• Gather supporting documentation
• Represent you in hearings or appeals if necessary

4. Employment Discrimination Claims

If you believe you've been unfairly denied employment due to your criminal record, we can:

• Evaluate your case
• File complaints with appropriate agencies
• Represent you in legal proceedings if necessary

5. Ongoing Legal Support

As your career progresses, we can provide ongoing legal support to help you navigate any issues related to your criminal record that may arise.At Spodek Law Group, we understand the profound impact a criminal record can have on your professional life. We're committed to helping our clients overcome these challenges and pursue their career goals. With our extensive experience in federal criminal defense and employment law, we're well-equipped to advocate for your rights and interests.Don't let a criminal record hold you back from achieving your professional aspirations. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation. Let us help you protect your future and pursue the career you deserve. Remember, having a criminal record doesn't have to be the end of your professional dreams. With the right strategies and legal support, you can overcome these challenges and build a successful career. At Spodek Law Group, we're here to help you every step of the way. Don't hesitate to reach out - your future is worth fighting for!