Jobs for Felons in New York

Not just for having one. Under Article 23-A of the Correction Law, public agencies and private employers with 10 or more employees cannot turn you down because of a conviction unless the offense is directly related to the job, or hiring you would be an unreasonable risk to property or to people's safety. The same rules apply to licenses.

Before using a conviction against you, the employer has to weigh eight factors, including New York's public policy of encouraging the employment of people with convictions, the duties of the job, how much time has passed, your age at the time, how serious it was, and any proof of rehabilitation and good conduct you bring. A Certificate of Relief from Disabilities or a Certificate of Good Conduct creates a presumption that you are rehabilitated for the offenses it lists.

Turning someone down in violation of Article 23-A is illegal discrimination under the New York State Human Rights Law.

If you are turned down because of a conviction, you can ask for the reasons in writing. The employer has 30 days to give you a written statement. And when a background check shows a conviction, the employer has to give you a copy of Article 23-A, the part of the law that protects you.

Employers may not ask about, or hold against you, an arrest that ended in your favor, an ACD (adjournment in contemplation of dismissal), a youthful offender adjudication, or a sealed conviction, including one sealed under Clean Slate. A few exceptions apply, such as some jobs where the law requires a check.

New York City: under the Fair Chance Act, employers with 4 or more employees cannot ask about your conviction history until after a conditional job offer. If they want to pull the offer, they must give you a copy of the background check and their written analysis, and at least 5 business days to respond. Since July 29, 2021 this also covers current employees and pending cases.

New York State jobs: since a 2015 Department of Civil Service bulletin, the state's own job application does not ask about convictions or pending cases. Agencies ask later, once they are interested in hiring you. We found no statewide ban-the-box law for private employers outside New York City, but Article 23-A still limits how they use the answer.

New York bars background check companies from reporting arrests or charges that did not lead to a conviction, unless the charge is still pending. They also may not report a conviction more than 7 years old, but that limit does not apply to jobs paying $25,000 a year or more, which covers most full-time jobs. Federal law puts no time limit on convictions. Sealing is the real way to shorten what shows up.

The Clean Slate Act passed and took effect November 16, 2024. It provides for automatic sealing, with no application: misdemeanors 3 years and felonies 8 years after sentencing or release from incarceration, whichever is later. You cannot have a new charge pending in New York or still be on probation or parole for that conviction. Sex offenses and Class A felonies other than drug offenses (for example, murder) are not covered.

When does it actually happen? The law gives the court system until November 2027 to finish sealing convictions that were already eligible. DCJS says that until the courts put the sealing process in place, a record it provides through its Records Review process will still include convictions that will eventually be sealed. So an eligible old conviction may still show up for now. Request your own New York record from DCJS to check.

You can also apply to a judge to seal up to two convictions (no more than one felony) once 10 years have passed since sentencing or release. Many serious offenses, including violent felonies and sex offenses, cannot be sealed this way.

Federal EEOC guidance from 2012 warns employers that blanket “no felons” policies can violate Title VII, but since April 2025 a federal executive order has told agencies to deprioritize this kind of case. In New York your stronger tools are state and city law: the New York State Division of Human Rights, or in the city, the NYC Commission on Human Rights.