US-New YorkDoes New York law protect me from discrimination based on criminal history?
Yes, New York law restricts employers and housing providers from discriminating based on criminal history, with strict limits on when and how they may consider convictions.
What the Law Says
New York has two primary legal protections against discrimination based on criminal history: one under state law (Correction Law Article 23-A) and one under New York City law (NYC Human Rights Law). Both impose strict limits on when a conviction may be considered and require individualized assessments.
Under New York State Correction Law § 753 (part of Article 23-A), employers, housing providers, and licensing agencies must consider eight specific factors before denying someone based on a prior conviction — including the nature of the crime, time elapsed, evidence of rehabilitation, and the relationship between the offense and the job or housing.
The NYC Human Rights Law (NYCHRL) goes further: it prohibits employers from inquiring about or considering criminal history until after a conditional job offer is made (the 'Fair Chance Act'). Employers must also conduct an individualized assessment using factors similar to Article 23-A and provide a written analysis if withdrawing the offer.
Importantly, both laws prohibit consideration of arrests that did not result in conviction, sealed convictions, youthful offender adjudications, and violations or infractions (e.g., traffic tickets).
Statutory TextIn making a determination pursuant to this section, the public agency or private employer shall consider the following factors: (a) The public policy of this state, as expressed in the correction law, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses; (b) The specific duties and responsibilities necessarily related to the employment or license sought; (c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities...
— N.Y. Corr. Law § 753(1) — Factors to be considered
Statutory TextNo employer covered by this chapter shall inquire about, or require an applicant to disclose, any criminal conviction... until after such employer has extended a conditional offer of employment to the applicant.
— N.Y.C. Admin. Code § 8-107(11)(a) — Fair Chance Act
What Courts Have Said
Courts in New York have reinforced the strong protections in Article 23-A and the Fair Chance Act, emphasizing that blanket exclusions based on criminal history violate the law.
Court held that an employer’s automatic rejection of applicants with any felony conviction violated Article 23-A because it failed to conduct the required individualized assessment.
Board’s denial of a license based solely on a decades-old conviction—without weighing rehabilitation or relevance—was arbitrary and violated Article 23-A.
What to Do
If asked about criminal history before a conditional job offer in NYC, you may file a complaint with the NYC Commission on Human Rights.
If denied employment, housing, or a license, request a written explanation showing how the eight Article 23-A factors were weighed.
Document evidence of rehabilitation (e.g., certificates, references, clean record since conviction) to support your case.
Contact Legal Aid or the NY State Division of Human Rights for free assistance if you believe your rights were violated.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.