The Impact of Criminal Records on Employment Opportunities in NYC

Understanding Your Rights Under New York City’s Fair Chance Act

For many New Yorkers, a criminal record can feel like a life sentence, not just in the legal system, but in the job market. Even after serving their time and turning their lives around, applicants with past convictions often face barriers when applying for work. But in New York City, the law provides protections aimed at giving people a fair shot.

If you’ve been denied a job or treated unfairly during the hiring process because of your criminal record, you may have rights under the city’s Fair Chance Act, commonly known as the “ban the box” law.

What Is the Fair Chance Act?

The Fair Chance Act (FCA) is a New York City law that restricts when and how employers can ask about criminal records during the hiring process. It’s part of a broader effort to reduce discrimination and increase access to employment for people with conviction histories.

Under this law, employers cannot ask about your criminal record until after they make a conditional job offer. That includes:

• Job applications
• Initial interviews
• Background checks before an offer

This means that candidates must first be considered based on their qualifications, not their past. The goal is simple: give people a chance to get in the door before being judged for what’s behind them.

How the Law Works in Practice

Let’s say you apply for a job as a delivery driver in Brooklyn. You’re qualified, the interview goes well, and you receive a conditional offer. Only after this point can the employer run a background check. If something shows up, such as a misdemeanor from years ago, they can’t just pull the offer without following specific steps.

Employers must:

1. Provide a written copy of the background check results
2. Explain why the record is relevant to the job
3. Give you at least 3 business days to respond with any corrections, context, or evidence of rehabilitation

This is known as the Fair Chance Process, and it ensures transparency and fairness before an offer can be revoked.

What Employers Can and Can’t Do

Employers CANNOT:

• Ask about convictions or pending charges on job applications
• Make decisions based on arrests that did not lead to a conviction
• Automatically reject applicants with a criminal history
• Revoke a conditional offer without completing the Fair Chance Process

Employers CAN:

• Ask about criminal history after making a conditional offer
• Consider convictions that are relevant to the job
• Withdraw an offer only after a fair and individualized assessment

If an employer skips these steps or rejects you prematurely, they may be violating the law.

What If You’re Already Employed?

The Fair Chance Act also protects current employees in certain situations, for example, if your employer learns about a past conviction after hiring you. They still must conduct an individualized assessment before taking disciplinary action. You also have the right to see the background check report and respond.

What You Can Do If Your Rights Are Violated

If you think an employer in NYC discriminated against you based on your criminal record, you can:

• File a complaint with the New York City Commission on Human Rights
• Collect evidence such as emails, offer letters, or notes from interviews
• Contact an employment attorney to evaluate your options

These claims can be time-sensitive, so it’s important to act quickly.

You Are More Than Your Record

A past mistake shouldn’t close the door on your future. New York City law gives you the chance to be judged on your qualifications, not your history. If you believe an employer broke the rules, turn to Lipsky Lowe. We’ll review your situation, explain your rights, and advocate for accountability and fairness. Contact us today to get started with an experienced employment lawyer.