Navigating the complexities of criminal records and background checks can be particularly challenging for individuals with extensive criminal histories. In New York, state laws provide several mechanisms that can enable someone with numerous arrests and even serious charges, such as murder, to pass background checks, especially in employment scenarios.
Arrests vs. Convictions
One of the primary factors influencing whether a person’s criminal history appears on a background check is the distinction between arrests and convictions. Under New York’s Criminal Procedure Law § 160.50, if an arrest does not result in a conviction, the records are typically sealed. Sealed records are not accessible to most employers or the general public, effectively removing them from standard background checks. This means that multiple arrests without resulting convictions may not show up, providing individuals with a cleaner record despite a history of interactions with law enforcement.
Sealing and Expungement of Records
New York allows for the sealing and expungement of certain convictions under Criminal Procedure Law § 160.59. Individuals can apply to seal up to two convictions, with only one of these being a felony, after a ten-year waiting period from the date of conviction or release from prison. This process significantly reduces the visibility of past convictions, making it easier for individuals to pass background checks. Additionally, convictions adjudicated under youthful offender status are automatically sealed and are not considered criminal convictions, further aiding young individuals in clearing their records.
Certain drug-related convictions can also be sealed if the individual completes a court-approved drug treatment program. This provision not only supports rehabilitation but also helps individuals reintegrate into society without the constant burden of past mistakes affecting their future opportunities. These legal rehabilitation measures are crucial for fostering a second chance for those who have taken steps to amend their lives.
Fair Credit Reporting Act Limitations
The Fair Credit Reporting Act (FCRA) plays a significant role in determining what information can be disclosed during background checks. The FCRA prohibits consumer reporting agencies from disclosing arrest records older than seven years, though convictions can be reported indefinitely unless state laws impose additional restrictions. This federal law ensures that background checks remain relevant and up-to-date, preventing outdated or irrelevant information from affecting employment opportunities. However, it also mandates that background check companies maintain high standards of accuracy, ensuring that the information provided is correct and current.
New York Human Rights Law and Article 23-A
New York’s Human Rights Law, particularly Article 23-A of the Correction Law, offers additional protections against discrimination based on criminal history. Employers are prohibited 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 enforces “Ban-the-Box” laws, which prevent employers from inquiring about criminal convictions on initial job applications. This delay in the background check process until after a conditional offer is made helps individuals with criminal histories to first demonstrate their qualifications and abilities before any past records are considered.
Incomplete or Inaccurate Background Checks
Despite the protections in place, some background checks may still be incomplete or inaccurate. Database limitations can result in missing records, especially if the records are old or not digitized. Clerical errors in record-keeping or data entry can also lead to discrepancies, causing some convictions or arrests to be overlooked. Additionally, individuals with common names or those who use aliases might find that their records are not properly matched during background checks, inadvertently allowing their criminal histories to go unnoticed.
Legal Rehabilitation Measures
Legal rehabilitation measures, such as obtaining Certificates of Relief from Disabilities and Certificates of Good Conduct, can further aid individuals in presenting a more favorable profile to potential employers. These certificates can restore certain rights and signal to employers that the individual has taken steps toward rehabilitation. Demonstrated rehabilitation, particularly when significant time has passed since the last conviction, can also influence an employer’s decision, showing that the individual has made meaningful changes in their life.
Conclusion
Several factors can contribute to someone with a lengthy criminal history passing background checks in New York. These include the sealing of arrest records that did not lead to convictions, limitations on what consumer reporting agencies can disclose, protections under New York’s Human Rights Law, and potential gaps in background check processes. Additionally, legal mechanisms like sealing convictions and obtaining certificates of relief help individuals move forward without their past hindering employment opportunities. For individuals concerned about their ability to pass background checks or employers seeking to conduct lawful and fair screenings, consulting with a legal professional experienced in New York criminal and employment law is advisable. These experts can provide personalized guidance, ensuring that both individuals and employers understand their rights and obligations under the law. By leveraging the protections and mechanisms available, individuals with criminal histories can find pathways to regain their footing, while employers can maintain a safe and fair hiring process.