GETTING TO WORK
WITH A CRIMINAL RECORD:
NEW YORK STATE LICENSE GUIDES
2020 EXPANDED EDITION
ABOUT THE GUIDES
ABOUT THE INSTITUTE FOR JUSTICE AND OPPORTUNITY
ACKNOWLEDGEMENTS
BARBER OPERATOR
BUS DRIVER PASSENGER & SCHOOL BUS
CERTIFIED NURSE AIDE CNA
CERTIFIED PUBLIC ACCOUNTANT
CHAUFFEUR
CHILDCARE/DAYCARE EMPLOYEE
COSMETOLOGIST
DENTAL HYGIENIST
ELECTRICIAN
EMERGENCY MEDICAL SERVICES
FIREFIGHTER
LAWYER
LICENSED SOCIAL WORKER LMSW & LCSW
LICENSED PRACTICAL NURSE LPN
NOTARY PUBLIC
NURSE PRACTITIONER NP
OCCUPATIONAL THERAPIST
OPTOMETRIST
PHYSICAL THERAPIST
PHYSICIAN ASSISTANT PA
RADIOLOGICAL TECHNOLOGIST
REAL ESTATE SALESPERSON AND BROKER
REGISTERED PROFESSIONAL NURSE RN
SECURITY GUARD
TEACHER
TABLE OF CONTENTS
INTRODUCTION
RESOURCES
LICENSE GUIDES
GETTING TO WORK WITH A CRIMINAL RECORD
WHAT ARE THE NEW YORK STATE LICENSE GUIDES?
WHO CAN USE THE GUIDES?
WHAT IS AN OCCUPATIONAL OR PROFESSIONAL LICENSE?
These guides are designed specically for:
1 Anyone with a conviction record who is
interested in pursuing a license in any
of the 25, high-demand occupations
and professions.
2 Workforce development providers,
academic advisors, faculty, and other
human service professionals who help
people nd jobs and explore education
and career options.
3 Lawyers and other human services
providers who are seeking quick
answers for their clients.
Some jobs require an occupational or professional license before you can start working. These licenses let employers and
customers know that you have permission from New York State to be employed in that position. Different government agencies
issue licenses; the licensing agencies and their procedures are explained in these guides.
Because some occupational and professional licenses require signicant time and money, it is helpful to review any conviction
record restrictions before enrolling in training programs or paying application fees.
The New York State License Guides explain the process for obtaining licenses in 25, high-demand occupations and professions for
people who have conviction records. These guides aim to dispel the myths and misinformation that may discourage people with
convictions from pursuing employment and career pathways that are actually available to them. There is a common misconception
that a conviction record makes licensing impossible; in fact, 86 percent of people with conviction records who applied for New York
State occupational licensing in 2018 were approved.
1
Too often, workforce development professionals, academic advisors, and other gatekeepers make choices that immediately diminish
economic opportunity; they may channel job seekers with conviction records into particular job tracks, or they may not propose or
approve internships and eld placements. These guides are intended to encourage workforce professionals and other gatekeepers to
support people with convictions in pursuing the jobs and careers they seek. They also offer guidance to help determine when barriers
really do exist, and whether it’s possible to overcome them.
These guides update and expand our rst edition released in 2018, which included 10 occupations. We selected an additional 15
occupations and professions based on interest from people with conviction records and input from many professionals in the work-
force development eld, and by evaluating labor market data to determine growing sectors and jobs that have licensure restrictions.
INTRODUCTION
ABOUT THE GUIDES
HOW DOES LICENSING WORK?
Just as a driver’s license gives you the right to drive but doesn’t give you a car, an occupational or professional license gives you
permission to nd work in a particular eld but does not guarantee you a job. Employers may still deny you a job based on your
conviction record, even if you have a license. However, most employers may not have blanket restrictions on hiring people with
conviction records, and they must follow New York State law to ensure they are not illegally discriminating against applicants with
records. This law, called “Article 23-A,” is discussed in depth in these guides and in the Glossary. In addition, most employers in
New York City must follow the Fair Chance Act, which has additional rules about how employers must consider applicants with
conviction histories.
GETTING TO WORK WITH A CRIMINAL RECORD
1 New York State Council on Community Re-entry and Reintegration. “Reducing Barriers for New Yorkers with Criminal Convictions.”
See ny.gov/criminal-justice-reform/new-york-state-council-community-re-entry-and-reintegration
The Institute for Justice and Opportunity at John Jay College of Criminal Justice (the Institute) is committed to addressing
systemic workforce barriers and creating opportunity for people with convictions.
Founded in 2005 as the Prisoner Reentry Institute, we changed our name to the Institute for Justice and Opportunity in 2020.
Our new name recognizes the power of language and better reects our values and our mission – to create opportunities for
people to live successfully in the community after involvement with the criminal legal system by addressing structural racial and
economic inequalities. We focus much of our work on increasing access to higher education and career pathways for people with
conviction histories. Our comprehensive approach includes direct service, research, technical assistance, and policy advocacy.
The Institute would like to express our sincere gratitude to the NYC Mayor’s Ofce for Economic Opportunity and the Young
Men’s Initiative for their commitment to this project and to creating opportunity for individuals with convictions. In particular,
we would like to thank Carson Hicks, Ph.D., Deputy Executive Director, and Parker Krasney, Assistant Director of Programs and
Partnerships, at the Mayor’s Ofce for Economic Opportunity.
We would especially like to thank the Legal Action Center (LAC) for their work creating the legal content of the new edition of
guides, and specically Sally Friedman, Vice President of Legal Advocacy; Rebekah Joab, Staff Attorney; and Colleen McCormack-
Maitland, Senior Staff Attorney for Legal Services.
LAC is the only non-prot law and policy organization in the United States whose sole mission is to ght discrimination against
people with histories of addiction, HIV/AIDS, or criminal records, and to advocate for sound public policies in these areas. Since
being founded in 1973, LAC has worked to guard the civil rights and civil liberties of those they serve and dismantle systemic,
discriminatory barriers. To accomplish this work, LAC provides direct legal services to impacted individuals and technical assistance to
providers, brings civil litigation, engages in policy reform and coalition building, provides trainings and educational materials
for impacted communities, and more.
LAC created the legal content for the following fteen guides: Certied Public Accountant, Fireghter (NYC-Specic), Lawyer, Licensed
Practical Nurse (LPN), Licensed Master Social Worker (LMSW) and Licensed Clinical Social Worker (LCSW), Notary Public, Nurse
Practitioner, Occupational Therapist, Optometrist, Physical Therapist, Physician Assistant, Radiological Technologist, Real Estate
Salesperson and Broker, Registered Professional Nurse (RN), and Teacher.
We also wish to thank Youth Represent for their work on the rst edition of the guides. Youth Represent created the legal content
for the following ten guides in 2018, which have been updated for this 2020 edition: Barber Operator, Bus Driver (Passenger
& School), Certied Nurse Aide (CNA), Childcare/Daycare Employee, Chauffeur (Taxi/Uber/Lyft Driver), Cosmetologist, Dental
Hygienist, Electrician (NYC-Specic), Emergency Medical Services (EMT/Certied First Responder), Security Guard.
From the Institute for Justice and Opportunity, we’d like to acknowledge Ann Jacobs, Executive Director; Alison Wilkey, Director
of Public Policy; Zoë Johnson, Policy Coordinator; Tommasina Faratro, Special Projects Coordinator; Elena Sigman, Director of
Collaborative Learning; Drew Oldeld, former Director of Career Pathways; and Antonia Salerno, Manager of College Initiative.
We are so grateful to the second cohort of students in the Institute’s Navigator Certicate in Human Services & Community
Justice program for their invaluable feedback on early editions of the guides.
Finally, we thank MESH Design & Development for designing this edition of the guides, and specically Kathryn Dreier,
Liz Turner, and Megan Bullock.
ACKNOWLEDGEMENTS
GETTING TO WORK WITH A CRIMINAL RECORD
The NYS License Guides are for informational use only and cannot replace legal advice. Please talk to a lawyer for legal advice on your specic situation.
NEW YORK STATE
DEPARTMENT OF STATE
DIVISION OF LICENSING SERVICES
MAILING ADDRESS
P.O. Box 22001
NEW YORK CITY ADDRESS
PHONE
WEBSITE
dos.ny.gov/licensing/
barber/barbering.html
dos.ny.gov/licensing/
lawbooks/barber.pdf
BARBER OPERATOR
1
dos.ny.gov/
licensing/barber/barbering.html
ü
ü
ü
ü good moral character
SUMMARY OF
GENERAL REQUIREMENTS
LICENSING AGENCY
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The application asks if you have any criminal convictions (felonies and misdemeanors) and open
criminal cases.
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, s
ealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the New York
State Education Department (NYSED) from asking about or considering them.
2
You should provide a detailed explanation of any unsealed criminal conviction or open
criminal case. You must send court records for each conviction, including a copy of the
Accusatory Instrument and a Certificate of Disposition.
You do NOT need to provide information about charges that are currently adjourned in con-
templation of dismissal (ACDs).
3
You should include evidence of rehabilitation for the required Article 23-A analysis. If you
have them, you must include any Certificate of Relief from Disabilities, Certificate of Good
Conduct, or Executive Pardon with the application.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
The Department of State (DOS) must review the specic facts of your conviction history to decide
whether your conviction:
1 Directly relates to the duties of a Barber Operator, or
2 Creates an unreasonable risk to the property or safety of other people.
To make this decision, DOS is required to evaluate all Article 23-A factors.
4
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
Your barber’s license may be suspended or revoked if your conviction is considered a Crime
Involving Moral Turpitude or if you are convicted of selling alcohol to a person under age
21 at your place of business.
6
If you are convicted of such a crime, you will receive a Hearing Notice. At the hearing, you should
bring any positive information you have about yourself, including evidence of rehabilitation
and witnesses to testify to your good moral character.
After the hearing, DOS will review all the information and decide whether to revoke or suspend
your license. The decision will be mailed to you.
7
If your license is revoked, it cannot be reinstated for one year from the date of the revocation.
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If DOS denies, suspends, or revokes your license, you may be able to have a judge review the
nal decision by ling an Article 78 appeal in court. You have four months to le.
5
FOOTNOTES
1 A Barber Operator License allows you to work as a
barber. If you would like to open your own barber
shop, you will need to submit a “Barber Shop
Owner or Area Renter” application.
2 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct. Act § 380
3 N.Y. Exec. Law § 296(16)
4 N.Y. Correction Law § 753
5 N.Y. Civil Practice Laws and Rules § 7801
6 N.Y. General Business Law § 441
7 N.Y. General Business Law § 411(2)
GETTING TO WORK WITH A CRIMINAL RECORD
SUMMARY OF
GENERAL REQUIREMENTS
DO YOU NEED A SPECIAL DRIVER’S LICENSE TO BE A BUS DRIVER?
LICENSING AGENCIES
dmv.ny.gov/com-
mercial-drivers
ü
ü
ü
NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES
LOWER MANHATTAN
HARLEM
BROOKLYN
BRONX
QUEENS
STATEN ISLAND
BUS DRIVER
PASSENGER & SCHOOL BUS
If your job requires you to transport things or people, you most likely will need to get
a special endorsement on your driver’s license and successfully pass a number of tests.
Given the large number of different licenses that exist, it is important to ask the employer
to specify which license is required. Each license has unique requirements that depend on
several factors, including:
• Who or what is being transported; • How large the vehicle is;
• What the purpose of transporting is; • The number of passengers.
1
To work as a standard commercial driver for passengers, you must rst obtain a “P”
(passenger) endorsed driver’s license. To work as a school bus driver, you must have both
a “P” (passenger) and “S” (school) endorsed driver’s license.
While the driver’s test is different for the two licenses, both have restrictions based on criminal records.
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The application asks if you have any criminal convictions (felonies and misdemeanors).
The chart on the next page shows the types of crimes that will result in
disqualication, and if it is possible to overcome the disqualication.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile
delinquent adjudications, or arrests that did not result in a conviction. New York law prohibits
the Department of Motor Vehicles (DMV) from asking about or considering them.
2
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
3
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
Finally, there are additional non-criminal record restrictions based on your driving and accident
record. Check with a lawyer or your local DMV if you are concerned about these restrictions.
4
GETTING TO WORK WITH A CRIMINAL RECORD
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
If you have a conviction or charge that would or could disqualify you from being a school bus
driver, the DMV will notify you. You may be able to appeal the disqualication to the DMV if there
is a mistake in the conviction history that the DMV used to make its decision. You will be told how
to appeal the possible errors.
If the disqualication is based on your actual conviction, you cannot appeal to the DMV. However,
you may appeal the nal decision by ling an Article 78 appeal in court within four months of
the denial.
6
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If your conviction does not fall under the disqualifying crimes listed in the chart on the
next page, the DMV must review the specic facts of your conviction history to decide whether
your conviction:
1 Directly relates to the duties of a Bus Driver, or
2 Creates an unreasonable risk to the property or safety of other people.
To make this decision, the DMV is required to evaluate all Article 23-A factors.
5
FOOTNOTES
1 See New York State Commercial Driver’s
Manual: dmv.ny.gov/commercial-drivers/new-
york-state-commercial-drivers-manual
2 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
3 N.Y. Exec. Law § 296(16)
4 N.Y. Vehicle & Trafc Law § 509-c
5 N.Y. Correction Law § 753
6 N.Y. Comp. Codes R. & Regs. tit. 15, § 6.4(e)
7 N.Y. Veh. & Traf. Law § 509-i
8 N.Y. Veh. & Traf. Law § 509-cc
9 N.Y. Veh. & Traf. Law § 509-i;
N.Y. Comp. Codes R. & Regs. tit. 15, § 6.4
10 N.Y. Comp. Codes R. & Regs. tit. 15, § 6.27;
N.Y. Comp. Codes R. & Regs. tit. 15, § 6.28
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how misconduct is evaluated. However, the process is complex, and it is
recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
You cannot continue to hold a passenger bus driver’s license if you are convicted of any of the
offenses specied in the chart on the next page. If you are employed when convicted of one of these
offenses, you must provide your employer written notice of the conviction within one business day of
the conviction. If your bus driver’s license is revoked or suspended, the DMV commissioner will notify
your employer.
7
You cannot continue to hold a school bus driver’s license if you are convicted of any of the offenses
specied in the chart on the next page. Upon New York Division of Criminal Justice Services (DCJS)
or Federal Bureau of Investigation (FBI) notication to the DMV commissioner that you were
convicted of a disqualifying offense and that your license was revoked or suspended, the DMV
commissioner will notify you, the school district, and your motor carrier; you may no longer be
employed as a school bus driver.
If DCJS or the FBI tells the DMV commissioner that you were charged of an offense that disqualies
your from being a school bus driver, the DMV commissioner will notify you, the school district, and
your motor carrier, that you were charged without specifying the alleged offense. When the case is
complete, you must provide the DMV with an original court document with the disposition of the case.
9
If you were convicted of an offense for which you are disqualied from being a passenger bus driver
or school bus driver, you may not qualify to drive again unless you are approved for requalication
and get a requalication letter from the DMV’s Bus Driver Unit (BDU). Contact the BDU to request a
requalication letter. Before you can be reemployed, the BDU must notify the employer.
10
GETTING TO WORK WITH A CRIMINAL RECORD BUS DRIVER JUNE 2020
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
PASSENGER & SCHOOL BUS
Crimes that will result in a disqualification for
5 years from the date of last conviction
You cannot overcome this disqualification
• Driving under the inuence of alcohol or drugs WHILE driving a bus or other commercial vehicle;
• Two or more convictions for driving under the inuence of alcohol or drugs in ANY circumstance;
• Hit and run that resulted in death or personal injury;
• Aggravated unlicensed operation of a motor vehicle.
Felonies:
• Rape and criminal sexual act (class B & D)
• Sexual abuse (class D)
Felonies:
• Arson (class B & C)
• Assault (class B & D)
• Burglary (class B & C), robbery (class C & D),
criminal trespass (class D)
• Criminal mischief (class B)
• Criminal possession of a controlled
substance (class B, C, & D), criminal sale
of a controlled substance (class C & D)
• Criminal possession of a weapon (class C & D),
criminal use of a rearm (class B & C),
criminal sale of a rearm (class C),
manufacture/transport of weapons,
prohibited use of weapons
• Criminal possession of marihuana (class C)
and criminal sale of marihuana (class C & D)
• Endangering the welfare of an incompetent
or physically disabled person (class E)
• Obscenity (class D & E) and disseminating
indecent material to minors (class E)
• Patronizing a person for prostitution (class D & E),
aggravated patronizing a minor for
prostitution (class B, D, & E)
• Rape (class E)
• Reckless endangerment (class D)
• Substitution of children (class E)
• Unlawful imprisonment (class E)
• Vehicular assault (class C, D, & E)
Felonies:
• Arson (class A-I)
• Course of sexual conduct against a child (class B & D) and
facilitating a sex offense with a controlled substance (class D)
• Criminal possession of a controlled substance (class A-II, A-I),
criminal sale of a controlled substance (class A-I, A-II, & B)
• Criminal possession of a weapon (class B)
• Criminal sexual act (class B, D & E)
• Criminally negligent homicide (class C & E)
• Disseminating indecent material to minors (class D), use of a
child in a sexual performance (class C), promoting or possessing
a sexual performance by a child (class D & E)
• Kidnapping (class A-I & B)
• Luring a child, abandonment of a child, or aggravated assault
upon a child (class E)
• Manslaughter (class B & C),
• Murder (class A-I)
• Predatory sexual assault and predatory sexual assault
against a child (class A-II)
• Promoting prostitution (class B, C, & D)
• Rape (class B & D)
• Robbery (class B)
• Sex trafcking and sex trafcking of a child (class B)
• Sexual abuse (class D & E), and aggravated sexual abuse
(class B, C, D)
• Vehicular manslaughter (class C & D), aggravated
vehicular homicide (class B)
You can overcome this disqualification if:
•
•
You can overcome this disqualification at any time if:
•
You can overcome this disqualification if:
•
•
If the offense for which you were convicted occurred before 9/15/1985,
You can overcome this disqualification if:
•
AND
•
Crimes that will result in a permanent disqualification
Crimes that will result in a permanent disqualificationCrimes that will result in a disqualification for
5 years from the date of last conviction
PASSENGER BUS
SCHOOL BUS
Misdemeanors:
• Endangering a child and unlawfully
dealing with a child (class A)
• Obscenity (class A) and public lewdness (class B)
• Prohibited use of weapons
• Prostitution (class B) and
promoting prostitution (class A)
• Sexual abuse/misconduct, forcible
touching (class A & B)
Misdemeanors:
• Sexual abuse (class A)
Misdemeanors:
• Sexual abuse (class A)
GETTING TO WORK WITH A CRIMINAL RECORD
SUMMARY OF
GENERAL REQUIREMENTS
New York State Department of Health (DOH) will run a ngerprint-based background check to
assess your conviction history.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile
delinquent adjudications, or arrests that did not result in a conviction. New York law prohibits
DOH from asking about or considering them.
1
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
2
If you have any of the following types of convictions, DOH will probably recommend that
your application be denied:
• Any felony sex offense;
• Any felony conviction within the past 10 years involving violence;
• Any Class A felony;
• Any Class B or C felony within the 10 years before the background check;
• Any Class D or E felony within the 10 years before the background check for assault,
menacing, reckless endangerment, promoting a suicide attempt, stalking, luring a child,
larceny, robbery, criminal misuse of prescription drugs, sexual offenses, or controlled
substance offenses;
• Certain convictions within the 10 years before the background check for endangering a
vulnerable elderly person, or an incompetent or physically disabled person in the rst or
second degree; or
• Any comparable offense outside of New York.
3
Before making any nal decision, DOH will notify you if they do not consider you suitable for
the certication and will give you an opportunity to submit evidence of rehabilitation and
reasons your application should be approved. You have 30 days from the mailing date of your
DOH notication to submit your evidence of rehabilitation.
4
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the certication while the case(s) is pending.
HOW WILL A CRIMINAL RECORD AFFECT GETTING CERTIFIED?
LICENSING AGENCY
NEW YORK STATE
DEPARTMENT OF HEALTH
PHONE
WEBSITE
health.ny.gov
CERTIFIED NURSE AIDE
prometric.com/nurseaide/ny
ü
ü
ü
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
2 N.Y. Exec. Law § 296(16)
3 N.Y. Comp. Codes R. & Regs. tit. 10, § 402
4 N.Y. Comp. Codes R. & Regs. tit. 10, § 402.7
5 N.Y. Correction Law § 753
6 N.Y. Comp. Codes R. & Regs. tit. 10, § 402.7
7 N.Y. Comp. Codes R. & Regs. tit. 10, § 402.8
Before DOH makes a nal decision about your employment eligibility, they will give you 30
calendar days to explain in writing why your eligibility should be approved. The 30 days begins on
the date when the notice is sent to you. DOH will tell you if the reason you are not being approved
is because of your criminal record, and you may submit a written request to the employer or
prospective employer asking for a copy of the conviction history report that DOH relied on in
making the decision about your eligibility.
6
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If you have convictions for any other crimes not listed above, DOH must review the specic facts
of your conviction history to decide whether your conviction:
1 Directly relates to the duties of a Nurse Aide, or
2 Creates an unreasonable risk to the property or safety of other people.
To make this decision, DOH is required to evaluate all Article 23-A factors.
5
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
WHAT HAPPENS IF YOU ALREADY HAVE YOUR CERTIFICATION
AND ARE CONVICTED OF A NEW CRIME?
If you are certied as a CNA and charged or convicted of a crime, the New York State Division of
Criminal Justice Services (DCJS) will notify your employer. The employer must decide if the charge
or conviction presents a threat to the health, safety, and well-being of a resident or patient.
7
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
SUMMARY OF
GENERAL REQUIREMENTS
NEW YORK STATE
EDUCATION DEPARTMENT (NYSED)
OFFICE OF THE PROFESSIONS
State Education Building,
2nd Floor
Albany, NY 12234
PHONE
518-474-3817
WEBSITE
op.nysed.gov/prof/cpa/
cpalic.htm
LICENSING AGENCY
CERTIFIED PUBLIC
ACCOUNTANT
This is a summary of certifi-
cation requirements. Visit this
website for information about
all requirements: op.nysed.gov/
prof/cpa/cpalic.htm
ü File an application with th
e
New York State Education
Department (NYSED) Office of
the Professions
ü Have the required education
ü Have satisfactory experience
ü Pass the required examination
ü Be at least 21 years old
ü Pay required fees, which can
be partially refunded if your
license application is denied
ü Be of “good moral character”
1
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The certied public accountant application asks if you have any criminal convictions (felonies
and misdemeanors) and open criminal cases.
2
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile
delinquent adjudications, or arrests that did not result in a conviction. New York law
prohibits the New York State Education Department (NYSED) from asking about or
considering them.
3
You should provide a detailed explanation of any unsealed criminal conviction or open criminal
case. You must send court records for each conviction, including a Certicate of Disposition.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
4
You should include evidence of rehabilitation for the required Article 23-A analysis. Even
if the application does not ask for this information, try to submit it with your application.
While your application is pending, you must update NYSED about any changes to your answers.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
If you have any criminal convictions, the Office of Professional Discipline completes an investigation of
your convictions as part of an assessment of your “moral character.”
5
If the investigation leaves a question about your moral character, the results and supporting
documents go to the State Board for Public Accountancy (SBPA), which assists NYSED in licensing
decisions and discipline at different points in the review process.
6
The SBPA must review the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of a certied public accountant, or
2 Creates an unreasonable risk to the property or safety of other people.
7
To make this decision, OCFS is required to evaluate all Article 23-A factors.
8
The SBPA concludes whether or not you will receive the license.
9
There is no specied timeframe for this evaluation.
GETTING TO WORK WITH A CRIMINAL RECORD CERTIFIED PUBLIC ACCOUNTANT JUNE 2020
FOOTNOTES
1 N.Y. Educ. Law § 7404
2 See the CPA Application:
op.nysed.gov/prof/cpa/cpa1.pdf
3 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct. Act
§ 380
4 N.Y. Exec. Law § 296(16)
5 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.2
6 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.2,
N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3;
N.Y. Educ. Law § 7403.
7 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
8 N.Y. Correct. Law § 753
9 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
10 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
11 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
12 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
13 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
14 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
15 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.7
16 N.Y. Educ. Law § 6509; N.Y. Educ.
Law § 6510; N.Y. Educ. Law § 6511
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how professional misconduct is evaluated. However, the process is complex,
and it is recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Conviction of any crime when you have a license is considered “professional misconduct”
even if the conviction is not related to work.
The SBPA may hold a hearing to decide if it should take disciplinary action, which can include
placing you on probation, suspending all or part of your license, or revoking it.
The SBPA is required to send written notice of the hearing. You may respond to the charges
in writing before the hearing.
At the hearing, you may be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
The SBPA can also end penalties and restore your license.
16
If the SBPA suspends or revokes your license, you may le an Article 78 appeal in court,
within four months of the nal disciplinary action.
GETTING TO WORK WITH A CRIMINAL RECORD CERTIFIED PUBLIC ACCOUNTANT JUNE 2020
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
Within 30 days of the SBPA denial, you may make a written request for a hearing.
10
At the hearing, you can be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
11
The SBPA issues a report with its decision.
12
Either you or the Ofce of Professional Discipline can appeal within 30 days of the SBPA report.
Both parties can submit written documents.
13
The Committee on the Professions makes a nal decision.
14
If you are denied a license, you may le an Article 78 appeal in court, within four months of
the nal denial.
If you are denied a license, you can reapply 18 months after the panel submitted its report
(whether or not there was an appeal).
15
SUMMARY OF
GENERAL REQUIREMENTS
TLC may deny an application if they believe the applicant is not t to have a license based on the
requirements listed in the Summary of General Requirements and in the full list of Fitness Rules.
If your conviction does not fall under any of the mandatory restrictions listed above, TLC must review
the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of a TLC driver, or
2 Creates an unreasonable risk to the property or safety of other people.
To make this decision, TLC is required to evaluate all Article 23-A factors.
5
The application asks if you have any criminal convictions (felonies and misdemeanors) and open
criminal cases. The New York City Taxi and Limousine Commission (TLC) will complete a ngerprint-
based background check on you.
If you have pending criminal charges, TLC will wait to consider your application. If the charges are not
resolved within 90 days after the submission of the application, the application will be denied.
TLC will deny an application if you have been convicted of:
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
ü
ü
ü
ü
ü
ü
1
ü
ü
ü
ü
good moral character
Be
www1.nyc.gov/assets/tlc/
downloads/pdf/new_fitness_rules_
english.pdf
CHAUFFEUR
• A felony involving the use of a motor vehicle
• A felony involving manufacturing, distributing
or dispensing a drug in which a motor vehicle
was used
• Leaving the scene of an accident
• Operating a pre-arranged for-hire vehicle
without a license where your license was
revoked as a result of violations committed
while driving a pre-arranged for-hire vehicle
• Vehicular manslaughter
• Homicide and criminally negligent homicide
• Assault
• Sexual offenses
• Kidnapping
• Burglary
2
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile
delinquent adjudications, or arrests that did not result in a conviction. New York law prohibits
TLC from asking about or considering them.
3
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
4
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 For a list of driver education requirements
and courses, see: www1.nyc.gov/site/tlc/
drivers/driver-education.page
2 35 NYC Administrative Code § 80-08
3 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
4 N.Y. Exec. Law § 296(16)
5 N.Y. Correction Law § 753
6 5 NYC Administrative Code, 80-04(h)(4);
New York Vehicle and Trafc Law § 498(1)(f)
7 N.Y. Civil Practice Laws and Rules § 7801
8 See Taxi and TLC-Licensee Cases: A Guide to
Your Trial at the OATH Trials Division, p. 13:
www1.nyc.gov/assets/oath/downloads/pdf/
OATH_taxicases_guide.pdf
9 See Taxi and TLC-Licensee Cases: A Guide to
Your Trial at the OATH Trials Division, p. 18:
www1.nyc.gov/assets/oath/downloads/pdf/
OATH_taxicases_guide.pdf
10 N.Y. Vehicle & Trafc Law § 510(2)(i)
If your application is denied, the Chairperson may ask for additional information from you.
This request may be an in-person interview, telephone call, letter, email, or other method of
communication. It is important to appear at an in-person interview, if requested, or provide
the requested information within the time frame you are given. Any failure to comply with the
Chairperson’s request will result in your application being denied.
6
If your application is denied after the Chairperson’s review or your license is revoked after
a hearing, you may be able to have a judge review the nal denial by ling an Article 78
appeal in court. You have four months to le.
7
WHAT ARE YOUR LEGAL OPTIONS IF YOUR LICENSE
IS DENIED OR REVOKED?
If you are arrested, the TLC is notied and may suspend your license while you are awaiting
a decision on charges in criminal court. You will have the right to a trial at the Ofce of
Administrative Trials and Hearings (OATH) to try to get your license reinstated.
8
If you are convicted of a crime, fail a drug test, or the TLC alleges you acted fraudulently, such
as using someone else’s ID, your license may be suspended or revoked. You will have the right
to a tness trial at OATH where you can tell your side of the story and/or provide the judge with
evidence of rehabilitation, such as how much time has passed since your conviction and
whether anything has since changed in your life.
9
Your license will be revoked if you are convicted of homicide or assault arising out of the operation
of a vehicle or criminal negligence in the operation of a vehicle resulting in death.
10
Always talk to your criminal defense lawyer before testifying at OATH or any other hearing while
you have an open criminal case.
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
LICENSING AGENCY
NYC TAXI & LIMOUSINE
COMMISSION
LICENSING AND STANDARDS
DIVISION
QUEENS
STATEN ISLAND
PHONE
WEBSITE
nyc.gov/tlc
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
SUMMARY OF
GENERAL REQUIREMENTS
OFFICE OF CHILDREN
AND FAMILY SERVICES
DIVISION OF CHILD CARE SERVICES
PHONE
ocfs.ny.gov/main/childcare/
regionaloffices.asp
LICENSING AGENCY
CHILDCARE / DAYCARE
EMPLOYEE
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The application asks if you have any criminal convictions (felonies and misdemeanors) and open
criminal cases. The NYS Ofce of Children and Family Services (OCFS) will complete a nger-
print-based background check on you.
If you have any criminal charges pending, OCFS will not make a decision about your application
and you will not be granted clearance while your case is open.
1
OCFS will deny your application if you have an unsealed felony conviction for
murder, child abuse or neglect, crimes against children, spousal abuse, a sex
offense, kidnapping, arson, assault, or any violent misdemeanor conviction
that you committed as an adult against a child.
2
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile
delinquent adjudications, or arrests that did not result in a conviction. New York law
prohibits OCFS from asking about or considering them.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
4
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
Before denying your application, OCFS must give you a chance to explain in writing why it should
not be denied. However, your only opportunity to do this might be on the application itself. If you do
have convictions, you should include with your application any evidence of rehabilitation that
you have—any documentation of positive things you’ve done since your most recent conviction—that
shows your justice system involvement should not be used as the reason to deny you.
If your clearance is denied, you have the right to see the conviction history information that OCFS
used to deny you. You may be able to have a judge review the nal denial by ling an Article 78
appeal in court. You have four months to le.
6
For convictions other than the ones specied above, OCFS must review the specic facts of your
conviction history to decide whether your conviction:
1 Directly relates to the duties of a childcare employee, or
2 Creates an unreasonable risk to the property or safety of other people.
To make this decision, OCFS is required to evaluate all Article 23-A factors.
5
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 N.Y. Social Service Law § 390-b(3)(a)(iv);
18 NYCRR § 413.4(e)
2 N.Y. Social Services Law § 390-b(3)(a)(i)
3 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
4 N.Y. Exec. Law § 296(16)
5 N.Y. Correction Law § 753
6 N.Y. Social Services Law § 390-b(4); N.Y. Comp.
Codes R. & Regs. tit. 18, § 413.4(g)
7 N.Y. Civil Practice Laws and Rules § 7801
8 N.Y. Social Services Law § 390-b(3); N.Y. Comp.
Codes R. & Regs. tit. 18, § 413.4(e)
WHAT HAPPENS IF YOU ALREADY HAVE CLEARANCE
AND YOU HAVE A NEW ARREST?
If you get arrested after you start working, OCFS will conduct a safety assessment and may
suspend your ability to work. The safety assessment includes:
• A review of the duties you perform;
• The extent to which you may have contact with children in the daycare facility or program; and
• The status and nature of the conviction or charge.
If the case ends in a conviction, your clearance may be revoked.
8
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
DOS may suspend or revoke your license if you are convicted of one of these specic offenses after
you’ve received a license:
•
Assault
• Bribery
• Falsifying Business Records
• Firearms crimes
• Fraud
• Grand larceny
• Kidnapping
• Manslaughter
• Murder
• Perjury
• Robbery
• Sexual offenses (including
sex trafcking and
compelling prostitution)
The cosmetology application does not ask about convictions, and there are no criminal
record restrictions on new applications.
However, once you receive your license, it may be suspended or revoked if you are convicted of one or
more “specic offenses.” If your license is revoked, it cannot be reinstated for one year from the date
of the revocation. The New York State Department of State (DOS) will not issue you a license after your
license has been revoked twice.
1
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
LICENSING AGENCY
dos.ny.gov/
licensing/cosmetology/cosme-
tology.html
ü
ü
inations
ü
COSMETOLOGIST
FOOTNOTES
1 N.Y. General Business Law § 410(1)
2 N.Y. General Business Law § 410(1)(f)
3 N.Y. General Business Law § 411(2)
4 N.Y. Civil Practice Laws and Rules § 7801
DOS
cannot legally suspend or revoke
your cosmetology license based on any sealed case or case
that ended with youthful offender status, a conviction for which an Executive Pardon was
issued, or where there is evidence of rehabilitation for a conviction, like a Certificate of Relief.
2
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTIONS?
If you are convicted of any of the specific offenses listed above, DOS may decide to suspend
or revoke your license. They will evaluate any evidence of rehabilitation, such as a
Certificate of Relief.
WHAT ARE YOUR LEGAL OPTIONS IF YOUR LICENSE IS REVOKED?
If DOS revokes your license, they will send you a letter. You can ask for a hearing to explain why
your license should not be revoked.
3
It is very important to ask for the hearing within the time
frame DOS gives you.
If your license is still revoked after the hearing, you may be able to have a judge review the final
decision by filing an Article 78 appeal in court. You have four months to file.
4
This guide cannot replace legal advice from a qualified attorney.
If you have questions or need legal advice, please use the accompanying Resources or LawHelpNY.org to find a lawyer.
SUMMARY OF
GENERAL REQUIREMENTS
NEW YORK STATE
DEPARTMENT OF STATE
DIVISION OF LICENSING SERVICES
MAILING ADDRESS
P.O. Box 22001
NEW YORK CITY ADDRESS
PHONE
WEBSITE
dos.ny.gov/licensing/
cosmetology/cosmetology.html
GETTING TO WORK WITH A CRIMINAL RECORD
SUMMARY OF
GENERAL REQUIREMENTS
The State Board of Dentistry must review the specic facts of your conviction history to decide
whether your conviction:
1 Directly relates to the duties of a Dental Hygienist, or
2 Creates an unreasonable risk to the property or safety of other people.
To make this decision, the State Board of Dentistry is required to evaluate all
Article 23-A factors.
4
The application asks if you have any criminal convictions (felonies and misdemeanors)
and open criminal cases.
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile
delinquent adjudications, or arrests that did not result in a conviction. New York law prohibits
the New York State Education Department (NYSED) from asking about or considering them.
2
You should provide a detailed explanation of any unsealed criminal conviction or open criminal
case. You must send court records for each conviction, including a Certicate of Disposition.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
3
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
While your application is pending, you must update NYSED about any changes to your answers.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
LICENSING AGENCY
NY STATE EDUCATION DEPARTMENT
OFFICE OF THE PROFESSIONS
DIVISION OF PROFESSIONAL
LICENSING SERVICES
DENTISTRY UNIT
PHONE
WEBSITE
op.nysed.gov/
prof/dent/dentdhlic.htm
op.nysed.gov/
prof/dent/dentdhlic.htm
ü
ü
ü
good moral character
ü
1
DENTAL HYGIENIST
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 N.Y. Education Law § 6609
2 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
3 N.Y. Exec. Law § 296(16)
4 N.Y. Correction Law § 753
5 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
6 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
7 N.Y. Civil Practice Laws and Rules § 7801
8 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.7
9 N.Y. Educ. Law § 6509; N.Y. Educ. Law § 6510;
N.Y. Educ. Law § 6511
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If you’re denied a license, you will have the right to request a hearing. You must send your
request for a hearing in writing within 30 days of receiving the State Board of Dentistry’s decision.
You will then receive a letter in the mail with the time and place of the hearing.
5
The hearing will
take place before a panel of three State Board of Dentistry members.
At your hearing, you may be represented by an attorney, cross-examine witnesses, produce
witnesses, and present evidence in support of your “good moral character.”
If your license application is denied by the hearing panel, you have the right to appeal the
decision to the Committee on the Professions. You only have 30 days to le this appeal, so you
should contact a lawyer immediately.
6
If your license is denied by the Committee on the Professions, you may be able to have a judge
review the nal denial by ling an Article 78 appeal in court. You have four months to le.
7
Whether or not you decide to le an Article 78 appeal, you can re-apply for a license 18 months
after the date your license application was denied by the hearing panel.
8
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how misconduct is evaluated. However, the process is complex, and it is
recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Conviction of any crime when you have a license is considered “professional misconduct”
even if the conviction is not related to work.
The State Board for Dentistry (SBD) may hold a hearing to decide if it should take disciplinary
action, which can include placing you on probation, suspending all or part of your license,
or revoking it.
The SBD is required to send written notice of the hearing. You may respond to the charges
in writing before the hearing.
At the hearing, you may be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
The SBD can also end penalties and restore your license.
9
If the SBD suspends or revokes your license, you may le an Article 78 appeal in court within four
months of the nal disciplinary action.
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
The Commissioner of Buildings must review the specic facts of your conviction history to
decide whether your conviction:
1 Directly relates to the duties of an Electrician, or
2 Creates an unreasonable risk to the property or safety of other people.
To make this decision, the Commissioner of Buildings is required to evaluate all
Article 23-A factors.
5
There are two types of electrician licenses issued by the New York City Department of Buildings:
Master Electrician and Special Electrician. The following information outlines the criteria for these
licenses, which might not apply to other cities and towns in New York State. Both licenses require
you to complete a questionnaire that asks you to list criminal offenses that resulted in conviction
(felonies, misdemeanors, and violations).
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile
delinquent adjudications, or arrests that did not result in a conviction. New York law prohibits the
New York City Department of Buildings from asking about or considering them.
3
You must provide information about the conviction date, details of the offense, name and location
of the court, and the sentence and date of sentence.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
4
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
If you have an open case(s), you may want to speak with your attorney about whether to apply for
the license while the case(s) is pending.
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
SUMMARY OF
GENERAL REQUIREMENTS
NEW YORK CITY DEPARTMENT
OF BUILDINGS
LICENSING DIVISION
PHONE
WEBSITE
www1.nyc.gov/nycbusiness/
description/electrician-license
LICENSING AGENCY
www1.nyc.gov/site/
buildings/industry/master-elec-
tricians-become.page
ü
ü
g
ood moral character
ü Meet the minimum
ü
ü
ü
ü
1
2
ELECTRICIAN
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 NYC Admin Code § 27-3010
2 NYC Admin Code § 27-3015(a)
3 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
4 N.Y. Exec. Law § 296(16)
5 N.Y. Correction Law § 753
6 See Licensing Frequently Asked Questions,
#6: www1.nyc.gov/site/buildings/industry/
licensing-frequently-asked-questions.
page#general-licensing-6
7 N.Y. Civil Practice Laws and Rules § 7801
8 NYC Admin Code § 27-3016(a)(1)
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If your license is denied, you can ask for your application to be reviewed again within 60 days of
the date of the denial letter. You must write a letter requesting reconsideration and submit any
additional information relating to the background investigation. This additional information can
include evidence of rehabilitation.
6
If your license application or renewal is denied after reconsideration or a hearing, you may be
able to have a judge review the nal denial by ling an Article 78 appeal in court. You have four
months to le.
7
Your license may be suspended or revoked for a violation of the rules of the Department of
Buildings, which may include a new conviction. In most cases, you have an opportunity for a
hearing after proper notice before your license is suspended or revoked by the Commissioner
of Buildings.
8
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
SUMMARY OF
GENERAL REQUIREMENTS
NYSDOH must review the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of an EMT, or
2 Creates an unreasonable risk to the property or safety of other people.
To make this decision, the NYSDOH is required to evaluate all Article 23-A factors.
5
After reviewing your application, a NYSDOH EMS Representative may also conduct a personal
interview, or hold a hearing. After the interview or hearing, you will be notied in writing of
NYSDOH’s decision.
The New York State Department of Health (NYSDOH) will run a background check and see if
you have any convictions. If you have any convictions, DO NOT sign the “personal afrmation”
section on the application form.
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile
delinquent adjudications, or arrests that did not result in a conviction. New York law prohibits
the New York State Department of Health (NYSDOH) from asking about or considering them.
1
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
2
NYSDOH will review convictions for murder, manslaughter, assault, sexual abuse, theft,
robbery, fraud, embezzlement, drug abuse, or sale of drugs. These convictions may result in
a denial of your certication. NYSDOH may also use other convictions to deny your license in
exceptional circumstances.
3
If NYSDOH reviews your conviction history, you will be asked to provide written
documentation, including:
• A notarized sworn letter that you have only been convicted of the crime or crimes that have
been currently identied. You must sign the document and, by signing, swear to the truth.
• A letter describing why you want to be an EMT.
• A letter describing the circumstances surrounding each conviction.
• A Certicate of Disposition.
• A recommendation letter from your probation or parole ofcer if you are under supervision.
• Letters of recommendation.
4
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
www1.nyc.
gov/nycbusiness/description/
emergency-medical-ser-
vices-ems-certification
ü
ü
ü
EMERGENCY MEDICAL
SERVICES
LICENSING AGENCY
NEW YORK STATE
DEPARTMENT OF HEALTH
BUREAU OF EMERGENCY
MEDICAL SERVICES
PHONE
WEBSITE
health.ny.gov/professionals/
ems/
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
2 N.Y. Exec. Law § 296(16)
3 N.Y. Comp. Codes R. & Regs. tit. 10,
§§ 800.3(ak)
4 For a full list of required documentation, see
health.ny.gov/professionals/ems/pdf/15-04.pdf
5 N.Y. Correction Law § 753
6 N.Y. Civil Practice Laws and Rules § 7801
7 N.Y. Comp. Codes R. & Regs. tit. 10,
§§ 800.3(ak), 800.16
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
WHAT HAPPENS IF YOU ALREADY HAVE YOUR CERTIFICATION
AND ARE CONVICTED OF A NEW CRIME?
Your license may be suspended or revoked for a felony conviction involving murder, manslaughter,
assault, sexual abuse, theft, robbery, fraud, embezzlement, drug abuse, or sale of drugs. NYSDOH
may also use other convictions to revoke or suspend your license in exceptional circumstances.
7
There is no formal appeal process if you are denied certication. If you want to challenge the
decision, you may write to NYSDOH asking for reconsideration. You should include any evidence of
rehabilitation that shows why NYSDOH should reverse its decision.
You may appeal a nal decision by ling an Article 78 appeal in court within four months of
the denial.
6
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice from
a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
www1.nyc.gov/site/fdny/
jobs/career-paths/firefighter-eligi-
bility-requirements.page
ü
ü
ü
ü
ü
ü
ü
ü
ü
1
SUMMARY OF
GENERAL REQUIREMENTS
LICENSING AGENCY
NEW YORK CITY FIRE DEPARTMENT
(FDNY)
RECRUITMENT UNIT
PHONE
EMAIL
recruitment@fdny.nyc.gov
HOURS
Before becoming a reghter, the New York City Fire Department (FDNY) runs a background
investigation on you.
2
When applying, you will be asked to disclose all arrests, convictions, and
open cases, including sealed or expunged cases, juvenile delinquent adjudications, and
youthful offender adjudications.
3
Having any felony conviction(s) will permanently disqualify you from
being a reghter unless you have a Certificate of Good Conduct.
4
However, there are no automatic bars for non-felony convictions.
You should try to include evidence of rehabilitation for FDNY consideration, even if you are
not specically asked for this information.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
FIREFIGHTER
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If you are denied a license, you may le an Article 78 appeal in court within four months of the
nal denial.
If you have any non-felony conviction(s), including sealed and unsealed violations and misdemean-
ors, the FDNY does not have to review the specic facts of your conviction history or evaluate the
Article 23-A factors.
5
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 New York City Admin. Code § 15-103
2 See Firegher Eligibility Requirements:
www1.nyc.gov/site/fdny/jobs/career-paths/
reghter-eligibility-requirements.page
3 See Comprehensive Personnel Document
(CPD-B) Applicant Guidelines:
nyc.gov/html/careers/downloads/pdf/
db_app_guidelines.pdf
4 New York City Admin. Code § 15-103
5 New York City Admin. Code § 8-107(11)
6 New York City Admin. Code § 15-113
7 New York City Admin. Code § 15-113
8 New York City Admin. Code § 15-113
9 New York City Admin. Code § 15-115
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how disciplinary hearings issues are evaluated.
However, the process is complex, and it is recommended that you consult with an attorney.
See the Resources page for help nding a lawyer.
If you are convicted of a criminal offense while you are a reghter, FDNY can charge you and
have public disciplinary hearing. You will receive a copy of the charges in writing.
6
The rules of these disciplinary hearings are made by the Fire Commissioner, who must approve any
nal hearing decisions.
7
The Fire Commissioner may reprimand, withhold pay, or dismiss you from the FDNY.
8
Within one year of the FDNY decision, you may apply in writing to the NYC Mayor to have the
Fire Commissioner rehear the charges against you and decide if the decision and/or sanction
should be changed.
9
You may le an Article 78 appeal in court within four months of the nal disciplinary action.
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
SUMMARY OF
GENERAL REQUIREMENTS
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
As part of the character and tness evaluation, the admission application asks you to list and
explain “interactions” (arrests, convictions, etc.) with the criminal justice system, including as an
adult and youth. You may be asked later to provide police and/or court records.
There is no automatic disqualication for any conviction.
Unlike most other licenses, you DO need to provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile
delinquent adjudications, charges that are currently adjourned in contemplation of
dismissal (ACDs), and arrests that did not result in a conviction.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
LICENSING AGENCY
YOU CAN FIND THE DIVISIONS’
CONTACT INFORMATION HERE:
nycourts.gov/courts/appellate-
divisions.shtml
nybarexam.
org/UBE/UBE.html
ü
ü
ü
ü
ü
1
LAWYER
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
This guide provides a basic outline of how character and tness committee decisions are reviewed. However, the process is
complex, and it is recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
If the character and tness committee does not “certify” your good character and tness, you will be
notied and may have a hearing before the committee on character and tness. At the hearing,
you can be represented by a lawyer, present evidence, call witnesses, and cross-examine witnesses.
You and the assigned Appellate Division will get a copy of the nal written decision of the committee.
If the committee does not certify your character and tness after the hearing, you can appeal to your
assigned Appellate Division.
3
Applicants are investigated and interviewed by a member of the committee on character and tness.
The applicant has the burden of proving that they have the required good moral character
and ability to practice law.
2
There is no specied time limit for this evaluation.
Note that the applications and the character and tness committees are specic to the Appellate Division of the Supreme Court
to which you are assigned, but the general processes for the Divisions are the same.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 See Uniform Bar Examination, New York Law
Course & New York Law Exam: nybarexam.
org/UBE/UBE.html
2 N.Y. Judiciary Law § 90
3 Rules of App Div, 1st Dept § 602.1;
Rules of App Div, 2d Dept §§ 690.10-690.17;
Rules of App Div, 3d Dept § 805.1;
Rules of App Div, 4th Dept § 1015.18.
4 “Serious crime” means an out-of-state
felony that is not a felony in NYS, or a crime
where an element is interference with the
administration of justice, false swearing,
misrepresentation, fraud, willful failure to le
income tax returns, deceit, bribery, extortion,
misappropriation, theft, or an attempt or
conspiracy or solicitation of another to
commit a serious crime. N.Y. Judiciary
Law § 90
5 N.Y. Judiciary Law § 90; “Vacate” means
to annul or render void.
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how professional misconduct is evaluated. However, the process is complex, and it
is recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
If you are convicted of a crime while you are admitted to the NY bar, you must le a record of
the conviction to the Appellate Division of the Supreme Court where you are admitted within
30 days of the conviction.
If the Appellate Division intends to suspend or “remove” (disbar) you from practicing law
because of the conviction, the court is required to serve you with a copy of the charges against
you.
If you are convicted of a felony, you will be “struck from the roll of attorneys” and will not be
permitted to practice law; however, you may be reinstated following a hearing.
If you are convicted of a “serious crime,”
4
you will be suspended from practicing law;
however, you may be reinstated following a hearing.
If you are going to be, or were, suspended or removed from practicing law, you will receive
notice and may request a hearing with the Appellate Division of the Supreme Court where you are
admitted.
After the hearing, the Appellate Division may impose discipline based on the facts
and circumstances.
You can appeal the Appellate Division’s nal decision to the Court of Appeals.
If you were removed based on a felony or serious crime, the Appellate Division may decide to
“vacate” or modify the removal if,
1 The conviction is later reversed or pardoned, or,
2 If convicted of a felony, after 7 years, you have not had any other convictions in that time.
5
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The Licensed Master Social Worker (LMSW) and Licensed Clinical Social Worker (LCSW) license
applications ask if you have any criminal convictions (felonies and misdemeanors) and open
criminal cases.
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the New York
State Education Department (NYSED) from asking about or considering them.
3
You should provide a detailed explanation of any unsealed criminal conviction or open criminal
case. You must send court records for each conviction, including a Certicate of Disposition.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
4
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
While your application is pending, you must update NYSED about any changes to
your answers.
If you have an open case(s), you may want to speak with your attorney about whether
to apply for the license while the case(s) is pending.
op.nysed.gov/
prof/sw/lmsw.htm
and op.nysed.gov/prof/sw/lcsw.
htm
at www.aswb.org/licensees/
about-licensing-and-regulation/
social-work-regulation/
Licensed Master Social Worker
ü
ü
ü
ü
ü
ü
ü good moral character
1
SUMMARY OF
GENERAL REQUIREMENTS
LICENSED SOCIAL WORKER
LMSW AND LCSW
If you have any criminal convictions, the Ofce of Professional Discipline completes an investigation of
your convictions as part of an assessment of your “moral character.”
5
If the investigation leaves a question about your moral character, the results and supporting
documents go to the State Board for Social Work (SBSW), which assists NYSED in licensing decisions
and discipline at different points in the review process.
6
The SBSW must review the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of a LMSW/ LCSW, or
2 Creates an unreasonable risk to the property or safety of other people.
7
To make this decision, the SBSW is required to evaluate all Article 23-A factors.
The SBSW concludes whether or not you will receive the license.
9
There is no specied timeframe for this evaluation.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
GETTING TO WORK WITH A CRIMINAL RECORD
LICENSING AGENCY
NEW YORK STATE
EDUCATION DEPARTMENT (NYSED)
OFFICE OF THE PROFESSIONS
PHONE
WEBSITES
op.nysed.gov/prof/sw/lmsw.htm
op.nysed.gov/prof/sw/lcsw.htm
Licensed Clinical Social Worker
ü
ü
ü
ü
ü
ü
ü
ü good moral character
2
SUMMARY OF
GENERAL REQUIREMENTS
Continued
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
Within 30 days of the SBSW denial, you may make a written request for a hearing.
10
At the hearing, you can be represented by a lawyer, present evidence, call witnesses, and cross
examine witnesses.
11
The SBSW issues a report with its decision.
12
Either you or Ofce of Professional Discipline can appeal within 30 days of SBSW report. Both parties
can submit written documents.
13
The Committee on the Professions makes a nal decision.
14
If you are denied a license, you may le an Article 78 appeal in court within four months of the
nal denial.
If you are denied a license, you can reapply 18 months after the panel submitted its report (whether
or not there was an appeal).
15
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how professional misconduct is evaluated. However, the process is complex, and it
is recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Conviction of any crime when you have a license is considered “professional misconduct”
even if the conviction is not related to work.
The SBSW may hold a hearing to decide if it should take disciplinary action, which can include
placing you on probation, suspending all or part of your license, or revoking it.
The SBSW is required to send written notice of the hearing. You may respond to their charges in
writing before the hearing.
At the hearing, you may be represented by a lawyer, present evidence, call witnesses, and cross
examine witnesses.
The SBSW can also end penalties and restore your license.
16
If the SBSW suspends or revokes your license, you may le an Article 78 appeal in court
within four months of the nal disciplinary action.
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 N.Y. Educ. Law § 7704
2 N.Y. Educ. Law § 7704
3 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
4 N.Y. Exec. Law § 296(16)
5 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.2,
N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3
6 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3;
N.Y. Educ. Law § 7703
7 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
8 N.Y. Correct. Law § 753
9 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
10 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
11 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
12 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
13 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
14 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
15 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.7
16 N.Y. Educ. Law § 6509; N.Y. Educ.
Law § 6510; N.Y. Educ. Law § 6511
This guide cannot replace legal advice from a qualied attorney.
If you have questions or need legal advice, please use the accompanying Resources or LawHelpNY.org to nd a lawyer.
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
op.nysed.gov/prof/nurse/nurs-
inglpn.htm
ü
ü
ü
ü
ü
ü good moral character
1
SUMMARY OF
GENERAL REQUIREMENTS
LICENSING AGENCY
NEW YORK STATE EDUCATION
DEPARTMENT (NYSED)
OFFICE OF THE PROFESSIONS
PHONE
WEBSITE
op.nysed.gov/prof/nurse/nurs-
inglpn.htm
The licensed practical nurse license application asks if you have any criminal convictions
(felonies and misdemeanors) and open criminal cases.
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the New York
State Education Department (NYSED) from asking about or considering them.
2
You should provide a detailed explanation of any unsealed criminal conviction or open criminal
case. You must send court records for each conviction, including a Certificate of Disposition.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
3
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
While your application is pending, you must update NYSED about any changes to your answers.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
If you have any criminal convictions, the Ofce of Professional Discipline completes an investigation of
your convictions as part of an assessment of your “moral character.”
4
If the investigation leaves a question about your moral character, the results and supporting documents
go to the State Board for Nursing (SBN), which assists NYSED in licensing decisions and discipline at
different points in the review process.
5
The SBN must review the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of a licensed practical nurse, or
2 Creates an unreasonable risk to the property or safety of other people.
6
To make this decision, the SBN is required to evaluate all Article 23-A factors.
7
The SBN concludes whether or not you will receive the license.
8
There is no specied timeframe for this evaluation.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
LICENSED PRACTICAL
NURSE
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 N.Y. Educ. Law § 6906
2 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
3 N.Y. Exec. Law § 296(16)
4 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.2;
N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3
5 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3;
N.Y. Educ. Law §6904
6 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
7 N.Y. Correct. Law § 753
8 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
9 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
10 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
11 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
12 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
13 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
14 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.7
15 N.Y. Educ. Law § 6509; N.Y. Educ.
Law § 6510; N.Y. Educ. Law § 6511
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
Conviction of any crime when you have a license is considered “professional misconduct”
even if the conviction is not related to work.
The SBN may hold a hearing to decide if it should take disciplinary action, which can include
placing you on probation, suspending all or part of your license, or revoking it.
The SBN is required to send written notice of the hearing. You may respond to the charges
in writing before the hearing.
At the hearing, you may be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
The SBN can also end penalties and restore your license.
15
If the SBN suspends or revokes your license, you may le an Article 78 appeal in court
within four months of the nal disciplinary action.
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
This guide provides a basic outline of how professional misconduct is evaluated. However, the process is complex,
and it is recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Within 30 days of the SBN denial, you may make a written request for a hearing.
9
At the hearing, you can be represented by a lawyer, present evidence, call witnesses, and cross
examine witnesses.
10
The SBN issues a report with its decision.
11
Either you or the Ofce of Professional Discipline can appeal within 30 days of the SBN report. Both
parties can submit written documents.
12
The Committee on the Professions makes a nal decision.
13
If you are denied a license, you may le an Article 78 appeal in court within four months
of the nal denial.
If you are denied a license, you can reapply 18 months after the panel submitted its report (whether
or not there was an appeal).
14
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
DEPARTMENT OF STATE
(ALBANY LOCATION)
DEPARTMENT OF STATE
(NEW YORK CITY LOCATION)
PHONE
WEBSITE
dos.ny.gov/licensing/
LICENSING AGENCY
NOTARY PUBLIC
dos.ny.gov/licens-
ing/notary/notary.html
ü
ü
ü
ü
ü
ü
ü good moral character
1
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The notary public application asks if you have been convicted of any crime or offense (not minor
trafc violations). If you answer yes, it instructs you to include details and documentation.
2
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the
Department of State (DOS) from asking about or considering them.
3
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
The application also asks if you have any open misdemeanor or felony cases. If you answer yes,
it instructs you to submit a copy of the accusatory instrument, indictment, criminal
information, or complaint.
4
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
The Secretary of State is involved in making certain licensing and disciplinary decisions for DOS
at different points in the review process.
If you provided information about criminal convictions or open cases, the Secretary of State evaluates
this information before deciding if you should get your license.
6
The Secretary of State must review the specic facts of your conviction history to decide whether your
conviction:
1 Directly relates to the duties of a notary public, or
2 Creates an unreasonable risk to the property or safety of other people.
7
To make this decision, the Secretary of State is required to evaluate all
Article 23-A factors.
8
There is no specied timeframe for this evaluation.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
SUMMARY OF
GENERAL REQUIREMENTS
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 N.Y. Exec. Law § 130
2 See Notary Public Application: dos.ny.gov/
forms/licensing/0033-f-a.pdf
3 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
4 See Notary Public Application: dos.ny.gov/
forms/licensing/0033-f-a.pdf
5 N.Y. Exec. Law § 296(16)
6 N.Y. Exec. Law § 130, N.Y. Exec. Law § 131
7 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
8 N.Y. Correct. Law § 753
9 N.Y. Exec. Law § 130
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how misconduct is evaluated. However, the process is complex, and it is
recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Your notary public license can be revoked or suspended by the Secretary of State for “misconduct.”
Before any decision is made, you will revive written notice of the charges against you and have the
opportunity for a hearing.
9
If the Secretary of State suspends or revokes your license, you may le an Article 78 appeal in court
within four months of the nal disciplinary action.
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If you are denied a license, you may le an Article 78 appeal in court within four months of the
nal denial.
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The nurse practitioner license application does not ask about moral character or criminal record.
2
However, in order to be a nurse practitioner, you must be a registered professional nurse.
3
The application for registered professional nurse does require that you have “good moral
character” and asks about your criminal conviction history.
There is no automatic disqualication for any conviction.
See the Registered Professional Nurse License Guide for more information about that licensing process.
If asked to disclose conviction history at any point:
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the New York
State Education Department (NYSED) from asking about or considering them.
4
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
5
You should include evidence of rehabilitation for the required Article 23-A analysis.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
op.nysed.gov/prof/
nurse/np.htm
ü
ü
ü
ü
ü
ü
1
SUMMARY OF
GENERAL REQUIREMENTS
NURSE PRACTITIONER
The State Board for Nursing (SBN), assists NYSED in licensing decisions and discipline at different points
in the licensing and review processes.
6
If SBN were to investigate any convictions, it would be required to review the specic facts of your
conviction history to decide whether your conviction:
1 Directly relates to the duties of a nurse practitioner, or
2 Creates an unreasonable risk to the property or safety of other people.
7
To make this decision, the SBN is required to evaluate all Article 23-A factors.
8
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
NEW YORK STATE EDUCATION
DEPARTMENT (NYSED)
OFFICE OF THE PROFESSIONS
PHONE
WEBSITE
op.nysed.gov/prof/nurse/
np.htm
LICENSING AGENCY
GETTING TO WORK WITH A CRIMINAL RECORD
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If the SBN denies your license, within 30 days you may make a written request for a hearing.
9
At the hearing, you can be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
10
The SBN will issue a report with its decision.
11
Either you or the Ofce of Professional Discipline can appeal within 30 days of the SBN report.
Both parties can submit written documents.
12
The Committee on the Professions makes a nal decision.
13
If you are denied a license, you may le an Article 78 appeal in court within four months of the
nal denial.
If you are denied a license, you may reapply 18 months after the panel submitted its report (whether
or not there was an appeal).
14
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how professional misconduct is evaluated. However, the process is complex,
and it is recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Conviction of any crime when you have a license is considered “professional misconduct”
even if the conviction is not related to work.
The SBN may hold a hearing to decide if it should take disciplinary action, which can include
placing you on probation, suspending all or part of your license, or revoking it.
The SBN is required to send written notice of the hearing. You may respond to their charges in
writing before the hearing.
At the hearing, you may be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
The SBN can also end penalties and restore your license.
15
If the SBN suspends or revokes your license, you may le an Article 78 appeal in court
within four months of the nal disciplinary action.
FOOTNOTES
1 N.Y. Educ. Law § 6910
2 See Nurse Practitioner Application Form:
op.nysed.gov/prof/nurse/np1.pdf
3 N.Y. Educ. Law § 6910
4 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
5 N.Y. Exec. Law § 296(16)
6 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3;
N.Y. Educ. Law §6904
7 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
8 N.Y. Correct. Law § 753
9 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
10 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
11 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
12 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
13 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
14 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.7
15 N.Y. Educ. Law § 6509; N.Y. Educ.
Law § 6510; N.Y. Educ. Law § 6511
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
op.nysed.gov/prof/ot/otlic.htm
ü
ü
ü
ü
ü
ü good moral character
1
SUMMARY OF
GENERAL REQUIREMENTS
LICENSING AGENCY
NEW YORK STATE EDUCATION
DEPARTMENT (NYSED)
OFFICE OF THE PROFESSIONS
PHONE
WEBSITE
op.nysed.gov/prof/ot/
otlic.htm
The occupational therapist license application asks if you have any criminal convictions
(felonies and misdemeanors) and open criminal cases.
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the New York
State Education Department (NYSED) from asking about or considering them.
2
You should provide a detailed explanation of any unsealed criminal conviction or open criminal
case. You must send court records for each conviction, including a Certificate of Disposition.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
3
You should include evidence of rehabilitation for the required Article 23-A analysis. Even if
the application does not ask for this information, try to submit it with your application.
While your application is pending, you must update NYSED about any changes to your answers.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
If you have any criminal convictions, the Ofce of Professional Discipline completes an investigation of
your convictions as part of an assessment of your “moral character.”
4
If the investigation leaves a question about your moral character, the results and supporting
documents go to the State Board for Occupational Therapy (SBOT), which assists NYSED in licensing
decisions and discipline at different points in the review process.
5
The SBOT must review the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of an occupational therapist, or
2 Creates an unreasonable risk to the property or safety of other people.
6
To make this decision, the SBOT is required to evaluate all Article 23-A factors.
7
The SBOT concludes whether or not you will receive the license.
8
There is no specied timeframe for this evaluation.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
OCCUPATIONAL THERAPIST
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 N.Y. Educ. Law § 7904
2 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
3 N.Y. Exec. Law § 296(16)
4 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.2;
N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3
5 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3;
N.Y. Educ. Law §7903
6 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
7 N.Y. Correct. Law § 753
8 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
9 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
10 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
11 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
12 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
13 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
14 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.7
15 N.Y. Educ. Law § 6509; N.Y. Educ.
Law § 6510; N.Y. Educ. Law § 6511
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
Conviction of any crime when you have a license is considered “professional misconduct”
even if the conviction is not related to work.
The SBOT may hold a hearing to decide if it should take disciplinary action, which can include
placing you on probation, suspending all or part of your license, or revoking it.
The SBOT is required to send written notice of the hearing. You may respond to the charges
in writing before the hearing.
At the hearing, you may be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
The SBOT can also end penalties and restore your license.
15
If the SBOT suspends or revokes your license, you may le an Article 78 appeal in court
within four months of the nal disciplinary action.
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
Within 30 days of the SBOT denial, you may make a written request for a hearing.
9
At the hearing, you can be represented by a lawyer, present evidence, call witnesses, and cross
examine witnesses.
10
The SBOT issues a report with its decision.
11
Either you or the Ofce of Professional Discipline can appeal within 30 days of the SBOT report. Both
parties can submit written documents.
12
The Committee on the Professions makes a nal decision.
13
If you are denied a license, you may le an Article 78 appeal in court within four months
of the nal denial.
If you are denied a license, you can reapply 18 months after the panel submitted its report (whether
or not there was an appeal).
14
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
LICENSING AGENCY
op.nysed.gov/prof/
optom/optomlic.htm
ü
ü
ü
ü
ü
ü
ü good moral character
1
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The optometrist license application asks if you have any criminal convictions (felonies and
misdemeanors) and open criminal cases.
2
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, s
ealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the New York
State Education Department (NYSED) from asking about or considering them.
3
You should provide a detailed explanation of any unsealed criminal conviction or open criminal
case. You must send court records for each conviction, including a Certificate of Disposition.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
4
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
While your application is pending, you must update NYSED about any changes to your answers.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
If you have any criminal convictions, the Ofce of Professional Discipline completes an investigation of
your convictions as part of an assessment of your “moral character.”
5
If the investigation leaves a question about your moral character, the results and supporting
documents go to the State Board for Optometry (SBO), which assists NYSED in licensing decisions and
discipline at different points in the review process.
6
The SBO must review the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of an optometrist, or
2 Creates an unreasonable risk to the property or safety of other people.
7
To make this decision, the SBO is required to evaluate all Article 23-A factors.
8
The SBO concludes whether or not you will receive the license.
9
There is no specied timeframe for this evaluation.
SUMMARY OF
GENERAL REQUIREMENTS
OPTOMETRIST
NEW YORK STATE EDUCATION
DEPARTMENT (NYSED)
OFFICE OF THE PROFESSIONS
PHONE
EMAIL
op.nysed.gov/prof/optom/op-
tomlic.htm
GETTING TO WORK WITH A CRIMINAL RECORD
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how misconduct is evaluated. However, the process is complex, and it is
recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Conviction of any crime when you have a license is considered “professional misconduct”
even if the conviction is not related to work
The SBO may hold a hearing to decide if it should take disciplinary action, which can include
placing you on probation, suspending all or part of your license, or revoking it.
The SBO is required to send written notice of the hearing. You may respond to the charges in writing
before the hearing.
At the hearing, you may be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
The SBO can also end penalties and restore your license.
16
If the SBO suspends or revokes your license, you may le an Article 78 appeal in court
within four months of the nal disciplinary action.
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
Within 30 days of the SBO denial, you may make a written request for a hearing.
10
At the hearing, you can be represented by a lawyer, present evidence, call witnesses, and cross
examine witnesses.
11
The SBO issues a report with its decision.
12
Either you or the Ofce of Professional Discipline can appeal within 30 days of the SBO report.
Both parties can submit written documents.
13
The Committee on the Professions makes a nal decision.
14
If you are denied a license, you may le an Article 78 appeal in court within four months of
the nal denial.
If you are denied a license, you can reapply 18 months after the panel submitted its report (whether
or not there was an appeal).
15
FOOTNOTES
1 N.Y. Educ. Law § 7104
2 See Optometry Application for Licensure:
op.nysed.gov/prof/optom/opt1.pdf
3 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
4 N.Y. Exec. Law § 296(16)
5 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.2;
N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3
6 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3;
N.Y. Educ. Law §7103
7 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
8 N.Y. Correct. Law § 753
9 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
10 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
11 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
12 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
13 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
14 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
15 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.7
16 N.Y. Educ. Law § 6509; N.Y. Educ.
Law § 6510; N.Y. Educ. Law § 6511
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The physical therapy license application asks if you have any criminal convictions (felonies and
misdemeanors) and open criminal cases.
2
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the New York
State Education Department (NYSED) from asking about or considering them.
3
You should provide a detailed explanation of any unsealed criminal conviction or open criminal
case. You must send court records for each conviction, including a Certicate of Disposition.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
4
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
While your application is pending, you must update NYSED about any changes to your answers.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
op.nysed.gov/prof/
pt/ptlic.htm
ü
ü
ü
ü
ü
ü
ü good moral character
1
SUMMARY OF
GENERAL REQUIREMENTS
PHYSICAL THERAPIST
If you have any criminal convictions, the Ofce of Professional Discipline completes an investigation of
your convictions as part of an assessment of your “moral character.”
5
If the investigation leaves a question about your moral character, the results and supporting docu-
ments go to the State Board for Physical Therapy (SBPT), which assists NYSED in licensing decisions and
discipline at different points in the review process.
6
The SBBT must review the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of a physical therapist, or
2 Creates an unreasonable risk to the property or safety of other people.
7
To make this decision, the SBPT is required to evaluate all Article 23-A factors.
8
The SBPT concludes whether or not you will receive the license.
9
There is no specied timeframe for this evaluation.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
NEW YORK STATE EDUCATION
DEPARTMENT (NYSED)
OFFICE OF THE PROFESSIONS
PHONE
WEBSITE
op.nysed.gov/prof/pt/
LICENSING AGENCY
GETTING TO WORK WITH A CRIMINAL RECORD
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how misconduct is evaluated. However, the process is complex, and it is
recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Conviction of any crime when you have a license is considered “professional misconduct”
even if the conviction is not related to work.
The SBPT may hold a hearing to decide if it should take disciplinary action, which can include
placing you on probation, suspending all or part of your license, or revoking it.
The SBPT is required to send written notice of the hearing. You may respond to the charges in writing
before the hearing.
At the hearing, you may be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
The SBPT can also end penalties and restore your license.
16
If the SBPT suspends or revokes your license, you may le an Article 78 appeal in court
within four months of the nal disciplinary action.
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
Within 30 days of the SBPT denial, you may make a written request for a hearing.
10
At the hearing, you can be represented by a lawyer, present evidence, call witnesses, and cross
examine witnesses.
11
The SBPT issues a report with its decision.
12
Either you or the Ofce of Professional Discipline can appeal within 30 days of the SBPT report.
Both parties can submit written documents.
13
The Committee on the Professions makes a nal decision.
14
If you are denied a license, you may le an Article 78 appeal in court within four months of
the nal denial.
If you are denied a license, you can reapply 18 months after the panel submitted its report
(whether or not there was an appeal).
15
FOOTNOTES
1 N.Y. Educ. Law § 6734
2 See Physical Therapy Application for
Licensure: op.nysed.gov/prof/pt/pt1.pdf
3 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
4 N.Y. Exec. Law § 296(16)
5 N.Y. Comp. Codes R. & Regs. tit. 8,
§ 28-1.2, 1.3
6 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3;
N.Y. Educ. Law § 6733
7 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
8 N.Y. Correct. Law § 753
9 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
10 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
11 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
12 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
13 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
14 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
15 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.7
16 N.Y. Educ. Law § 6509; N.Y. Educ.
Law § 6509; N.Y. Educ. Law § 6511
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
op.
nysed.gov/prof/med/rpa.htm
ü
ü
ü
ü
ü
ü
ü good moral character
1
SUMMARY OF
GENERAL REQUIREMENTS
LICENSING AGENCY
NEW YORK STATE EDUCATION
DEPARTMENT (NYSED)
OFFICE OF THE PROFESSIONS
PHONE
WEBSITE
op.nysed.gov/prof/med/rpa.htm
The physician assistant license application asks if you have any criminal convictions
(felonies and misdemeanors) and open criminal cases.
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the New York
State Education Department (NYSED) from asking about or considering them.
2
You should provide a detailed explanation of any unsealed criminal conviction or open criminal
case. You must send court records for each conviction, including a Certificate of Disposition.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
3
You should include evidence of rehabilitation for the required Article 23-A analysis. Even if
the application does not ask for this information, try to submit it with your application.
While your application is pending, you must update NYSED about any changes to your answers.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
If you have any criminal convictions, the Ofce of Professional Discipline completes an investigation of
your convictions as part of an assessment of your “moral character.”
4
If the investigation leaves a question about your moral character, the results and supporting
documents go to the State Board for Medicine (SBM), which assists NYSED in licensing decisions and
discipline at different points in the review process.
5
The SBM must review the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of a physician assistant, or
2 Creates an unreasonable risk to the property or safety of other people.
6
To make this decision, the SBM is required to evaluate all Article 23-A factors.
7
The SBM concludes whether or not you will receive the license.
8
There is no specied timeframe for this evaluation.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
PHYSICIAN ASSISTANT
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 N.Y. Educ. Law § 6541
2 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
3 N.Y. Exec. Law § 296(16)
4 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.2;
N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3
5 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3;
N.Y. Educ. Law §7703
6 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
7 N.Y. Correct. Law § 753
8 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
9 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
10 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
11 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
12 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
13 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
14 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.7
15 N.Y. Educ. Law § 6530
16 N N.Y. Public Health Law § 230(p)
17 N.Y. Public Health Law § 230
18 N.Y. Public Health Law § 230(12(b))
19 N.Y. Public Health Law § 230
20 N.Y. Public Health Law § 230(q)
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how misconduct is evaluated. However, the process is complex, and it is
recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Conviction of any crime when you have a license is considered “professional misconduct”
even if the conviction is not related to work.
15
The commissioner of health and state board for professional medical conduct (SBPM) may interview
you, investigate, and hold a hearing if they believe that you have shown professional misconduct.
16
If there is a hearing, you will be given notice of the charges. You may respond to the charges in
writing before the hearing.
At the hearing you may be represented by a lawyer, present evidence and witnesses, and cross
examine the government’s witnesses.
17
If you were convicted or charged with a felony and the commissioner of health believes that the type
of conduct is an “imminent danger to the health of the people,” your license may be suspended until
the hearing and nal decision is completed. The suspension ends if the charges are dismissed
or reduced.
18
The SBPM may choose to discipline you by revoking, annulling, or suspending your license. You will
get a written copy of the results of the hearing.
19
After the hearing, you can le a petition to have the decision reconsidered (if there is new evidence
or changed circumstances).
20
If the SBPM suspends or revokes your license, you may le an Article 78 appeal in court
within four months of the nal disciplinary action.
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
Within 30 days of the SBM denial, you may make a written request for a hearing.
9
At the hearing, you can be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
10
The SBM issues a report with its decision.
11
Either you or the Ofce of Professional Discipline can appeal within 30 days of the SBM report.
Both parties can submit written documents.
12
The Committee on the Professions makes a nal decision.
13
If you are denied a license, you may le an Article 78 appeal in court within four months
of the nal denial.
If you are denied a license, you can reapply 18 months after the panel submitted its report
(whether or not there was an appeal).
14
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
RADIOLOGICAL
TECHNOLOGIST
LICENSING AGENCY
health.ny.gov/
environmental/radiological/radon/
docs/part_89.pdf
ü
ü
ü
ü
ü
ü good moral character
1
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The radiologic technologist application asks if you have any criminal convictions (felonies and
misdemeanors) that involve a threat or use of physical violence, sexual behavior, illegal
possession or use of drugs, theft, or fraud.
2
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the
Department of Health (DOH) from asking about or considering them.
3
You should provide details for any unsealed criminal conviction that you need to disclose.
You must send court records for each conviction, including a Certicate of Disposition and
any Certicates of Relief from Disabilities or Certicate of Good Conduct.
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
4
If you have an open criminal case that has a direct relationship to being a radiologic
technologist, DOH may wait to decide about your license until your case is over.
5
If you have an open case(s), you may want to speak with your attorney about whether to
apply for the license while the case(s) is pending.
Conviction of a crime can create a question about your “moral character.”
6
If you provided information about criminal convictions or open criminal cases, DOH evaluates this
information before deciding if you should get your license.
7
DOH must review the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of a radiologic technologist, or
2 Creates an unreasonable risk to the property or safety of other people.
8
To make this decision, DOH is required to evaluate all Article 23-A factors.
9
There is no specied timeframe for this evaluation.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
SUMMARY OF
GENERAL REQUIREMENTS
NEW YORK STATE DEPARTMENT
OF HEALTH (DOH)
BERP – RADIOLOGIC TECHNOLOGY
PHONE
GETTING TO WORK WITH A CRIMINAL RECORD
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how misconduct is evaluated. However, the process is complex, and it is
recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
If you are convicted of a misdemeanor that has a direct relationship to your employment, poses an
unreasonable risk to public safety, or one that “involve[s] moral character,” the DOH may le a
petition with written charges.
16
If the Commissioner decides to hold a hearing, DOH must notify you (at least 15 days before the
hearing) about the charges against you, the hearing date, and the hearing place.
17
Your hearing will be in front of a hearing officer. You can be represented by a lawyer,
cross-examine witnesses, and present evidence and witnesses.
18
The hearing ofcer will give a written report to the Commissioner who will decide to dismiss the
charges or take disciplinary action by suspending, revoking, or annulling your license, or otherwise
disciplining you.
19
If you are convicted of a felony, you cannot hold a license unless you are granted an Executive
Pardon, a Certificate of Relief from Disabilities, or a Certificate of Good Conduct,
AND the Commissioner restores your license after determining that you are not a threat to patient
health and safety. (This is not a formal hearing process, but you may have the opportunity to submit
evidence about why your license should be restored.)
20
You may le an Article 78 appeal in court within four months of the nal disciplinary action.
If the Commissioner revoked or annulled your license following a misdemeanor or felony conviction,
you can apply to have it restored after two years.
21
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If DOH denies your application, they must give you written notice, including their reasons for the
denial and your right to request a hearing.
10
Within 30 days of the denial notication, you can request a hearing.
If the Commissioner of Health (“Commissioner”) decides to hold a hearing, DOH is required to notify you
about the hearing date, place, and the charges against you, at least 15 days before the hearing.
11
At least ve days before the hearing, you must le a written response.
12
Your hearing will be in front of a hearing officer. You can be represented by a lawyer, cross-
examine witnesses, and present evidence and witnesses.
13
The hearing officer will give a written report to the Commissioner, who decides whether
to grant or deny your license.
14
To make this decision, the Commissioner is required to evaluate
all Article 23-A factors.
If you are denied a license, you may le an Article 78 appeal in court within four months
of the nal denial.
If you are denied a license, you can reapply either:
1 After two years, or
2 If you get an Executive Pardon, Certificate of Good Conduct,
or Certificate of Relief from Disabilities.
15
FOOTNOTES
1 N.Y. Public Health Law § 3505; N.Y. Comp.
Codes R. & Regs. tit. 10, § 89.10.
2 See Application for New York State Radiologic
Technologist Licensure: health.ny.gov/forms/
doh-372.pdf
3 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
4 N.Y. Exec. Law § 296(16)
5 N.Y. Comp. Codes R. & Regs. tit. 10, § 89.11
6 N.Y. Comp. Codes R. & Regs. tit. 10, § 89.10
7 N.Y. Comp. Codes R. & Regs. tit. 10, § 89.10
8 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
9 N.Y. Correct. Law § 753
10 N.Y. Comp. Codes R. & Regs. tit. 10, § 89.11
11 N.Y. Comp. Codes R. & Regs. tit. 10, § 89.11
12 N.Y. Comp. Codes R. & Regs. tit. 10, § 89.11;
N.Y. Public Health Law § 3511
13 N.Y. Comp. Codes R. & Regs. tit. 10, § 89.11;
N.Y. Public Health Law § 3511
14 N.Y. Comp. Codes R. & Regs. tit. 10, § 89.11;
N.Y. Public Health Law § 3511
15 N.Y. Comp. Codes R. & Regs. tit. 10, § 89.11
16 N.Y. Public Health Law § 3510
17 N.Y. Public Health Law § 3511
18 N.Y. Public Health Law § 3511
19 N.Y. Public Health Law § 3510,
N.Y. Public Health Law § 3511
20 N.Y. Public Health Law § 3510
21 N.Y. Public Health Law § 3511
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The real estate salesperson/broker applications ask if you have any misdemeanor or felony
convictions and instruct you to list them. They also ask if you have any open misdemeanor or
felony cases.
3
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the
Department of State (DOS) from asking about or considering them.
4
You should provide a detailed explanation of any unsealed criminal conviction and send the
court records, including the Certicate of Disposition, accusatory instrument (information/
indictment), and any Certicate of Relief from Disabilities, Certicate of Good Conduct, or
Executive Pardon.
You should also include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
For each open criminal case, you must provide court records, including the accusatory
instrument and adjournment notice(s) for future court dates.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
5
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
dos.ny.gov/li-
censing/re_salesperson/re_sales-
person.html
dos.ny.gov/
licensing/re_broker/re_broker.html
Real Estate Salesperson
ü
ü
ü
ü
1
Real Estate Broker
ü
ü
ü
ü
ü
2
SUMMARY OF
GENERAL REQUIREMENTS
The Secretary of State is involved in making certain licensing and disciplinary decisions for DOS at
different points in the review process.
If you provided information about criminal convictions or open cases, the Secretary of State evaluates
this information before deciding if you should get your license.
The Secretary of State must review the specic facts of your conviction(s) to decide whether your
conviction(s):
1 Directly relate to the duties of a real estate salesperson or broker, or
2 Create an unreasonable risk to the property or safety of other people.
7
To make this decision, the Secretary of State is required to evaluate all
Article 23-A factors.
8
There is no specied time limit for this evaluation.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
REAL ESTATE SALESPERSON
AND BROKER
GETTING TO WORK WITH A CRIMINAL RECORD
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how “untrustworthiness and incompetence” are evaluated. However, the process is
complex, and it is recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Your real estate broker or salesperson license can be revoked or suspended, or you can be ned
up to $1,000 or reprimanded, if DOS nds you to be “untrustworthy or incompetent.”
The meaning of “untrustworthiness or incompetence” is not clearly explained in the law; however,
criminal convictions can be considered. The Secretary of State has wide discretion in deciding
“untrustworthiness or incompetence.”
11
If you are convicted of a felony, sex offense, or sexually violent offense while you are licensed as a real
estate salesperson or broker, you must provide a certied copy of the judgment of conviction to the
DOS within ve days of being sentenced.
12
Any decision to revoke, suspend, ne, or reprimand you will be given to you in writing.
13
You may le an Article 78 appeal in court within four months of the nal disciplinary action.
14
You are eligible to reapply for a real estate salesperson/broker license one year after the revocation.
15
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If the Secretary of State believes your license application should be denied, you will be informed
in writing about the reason why.
Within 30 days, you may request a hearing where you can be represented by a lawyer.
After the hearing, you will be informed in writing if the license was denied.
9
If you are denied a license, you may le an Article 78 appeal in court within four months
of the nal denial.
10
FOOTNOTES
1 N.Y. Real Prop. Law § 440-a
2 N.Y. Real Prop. Law § 440-a
3 See Real Estate Salesperson Application:
dos.ny.gov/forms/licensing/0022-f-a.pdf;
See Real Estate Broker Application:
dos.ny.gov/forms/licensing/0036-f-a.pdf
4 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
5 See applications, footnote 3; N.Y. Exec.
Law § 296(16)
6 N.Y. Real Prop. Law § 440-a
7 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
8 N.Y. Correct. Law § 753
9 N.Y. Real Prop. Law § 441-e
10 N.Y. Real Prop. Law § 441-f
11 N.Y. Real Prop. Law § 441-c; Gold v. Lomenzo,
29 N.Y.2d 468, 477 (1972); Fogel v. Dep’t of
State, 209 A.D.2d 615 (1994)
12 N.Y. Real Prop. Law § 441-a
13 N.Y. Real Prop. Law § 441-c
14 N.Y. Real Prop. Law § 441-f
15 N.Y. Real Prop. Law § 441-c
DEPARTMENT OF STATE
(ALBANY LOCATION)
DEPARTMENT OF STATE
(NEW YORK CITY LOCATION)
PHONE
WEBSITE
www.dos.ny.gov/licensing/
LICENSING AGENCY
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
op.nysed.gov/prof/nurse/nurs-
ingrn.htm
ü
ü
ü
ü
ü
ü good moral character
1
SUMMARY OF
GENERAL REQUIREMENTS
LICENSING AGENCY
NEW YORK STATE EDUCATION
DEPARTMENT (NYSED)
OFFICE OF THE PROFESSIONS
PHONE
WEBSITE
op.nysed.gov/prof/nurse/
nursingrn.htm
The registered professional nurse license application asks if you have any criminal convictions
(felonies and misdemeanors) and open criminal cases.
There is no automatic disqualication for any conviction.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits the New York
State Education Department (NYSED) from asking about or considering them.
2
You should provide a detailed explanation of any unsealed criminal conviction or open criminal
case. You must send court records for each conviction, including a Certificate of Disposition.
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
3
You should include evidence of rehabilitation for the required Article 23-A analysis.
Even if the application does not ask for this information, try to submit it with your application.
While your application is pending, you must update NYSED about any changes to your answers.
If you have an open case(s), you may want to speak with your attorney about whether to apply
for the license while the case(s) is pending.
If you have any criminal convictions, the Ofce of Professional Discipline completes an investigation of
your convictions as part of an assessment of your “moral character.”
4
If the investigation leaves a question about your moral character, the results and supporting
documents go to the State Board for Nursing (SBN), which assists NYSED in licensing decisions and
discipline at different points in the review process.
5
The SBN must review the specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of a registered professional nurse, or
2 Creates an unreasonable risk to the property or safety of other people.
6
To make this decision, the SBM is required to evaluate all Article 23-A factors.
7
The SBN concludes whether or not you will receive the license.
8
There is no specied timeframe for this evaluation.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
REGISTERED
PROFESSIONAL NURSE
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 N.Y. Educ. Law § 6905;
see LMSW License Requirements:
op.nysed.gov/prof/sw/lmsw.htm
2 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
3 N.Y. Exec. Law § 296(16)
4 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.2;
N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3
5 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.3;
N.Y. Educ. Law §6904
6 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
7 N.Y. Correct. Law § 753
8 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
9 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.4
10 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
11 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.5
12 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
13 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.6
14 N.Y. Comp. Codes R. & Regs. tit. 8, § 28-1.7
15 N.Y. Educ. Law § 6509; N.Y. Educ.
Law § 6510; N.Y. Educ. Law § 6511
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
This guide provides a basic outline of how misconduct is evaluated. However, the process is complex, and it is
recommended that you consult with an attorney. See the Resources page for help nding a lawyer.
Conviction of any crime when you have a license is considered “professional misconduct”
even if the conviction is not related to work.
The SBN may hold a hearing to decide if it should take disciplinary action, which can include
placing you on probation, suspending all or part of your license, or revoking it.
The SBN is required to send written notice of the hearing. You may respond to the charges in
writing before the hearing.
At the hearing, you may be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
The SBN can also end penalties and restore your license.
15
If the SBN suspends or revokes your license, you may le an Article 78 appeal in court
within four months of the nal disciplinary action.
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
Within 30 days of the SBN denial, you may make a written request for a hearing.
9
At the hearing, you can be represented by a lawyer, present evidence, call witnesses,
and cross examine witnesses.
10
The SBN issues a report with its decision.
11
Either you or the Ofce of Professional Discipline can appeal within 30 days of the SBN report.
Both parties can submit written documents.
12
The Committee on the Professions makes a nal decision.
13
If you are denied a license, you may le an Article 78 appeal in court within four months
of the nal denial.
If you are denied a license, you can reapply 18 months after the panel submitted its report
(whether or not there was an appeal).
14
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
SUMMARY OF
GENERAL REQUIREMENTS
If you have a felony-level “Serious Offense,” or a felony conviction for solicitation, conspiracy,
or attempt to commit any of these offenses, and you do not have a Certicate of Relief or a
Certicate of Good Conduct, the DOS will deny your application. The “Serious Offenses” are:
5
• Aggravated Assault and
Reckless Endangerment
• Aggravated Harassment
in the First Degree
• Arson
• Assault
• Bribery Involving Public
Servants and Related Offenses
• Burglary
• Commercial Bribing and
Commercial Bribe Receiving
• Criminal Impersonation
and Scheme to Defraud
• Criminal Mischief
• Criminal Nuisance in the
First Degree
• Criminal Possession of
a Controlled Substance
• Criminal Possession of
Stolen Property
• Criminal Sale of a
Controlled Substance
• Criminal Sale of Marijuana
• Criminal Tampering
and Tampering with
a Consumer Product
• Criminal Trespass
• Crimes Against Public Safety
• Falsely Reporting an
Incident in the Second
or First Degree
• Forgery, false written
statements, and
related offenses
• Kidnapping or Coercion
• Larceny and Offenses
Involving Theft
• Manslaughter
• Murder
• Offenses Involving
Computers
• Perjury and related offenses
• Riot in the First Degree
• Robbery
• Sex Offenses
• Tampering with
Physical Evidence
• Tampering with a Witness
or Intimidating a Victim
or Witness
• Unlawful Imprisonment
• Vehicular Manslaughter
The application process requires all candidates to pass a ngerprint-based criminal background check,
and provide all public criminal history information.
You do NOT need to answer any questions or provide information about sealed misdemeanor
convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent
adjudications, or arrests that did not result in a conviction. New York law prohibits DOS from asking about
or considering them.
3
You do NOT need to provide information about charges that are currently adjourned in
contemplation of dismissal (ACDs).
4
The New York State Department of State (DOS) will deny your application if you have
a “Serious Offense” – a felony conviction for any offense listed below – or “Certain
Misdemeanors” – a conviction that DOS thinks would affect your ability to be a security
guard (determined on an individual basis). An open case may also impact your
application.
If you have a Certicate of Relief or a Certicate of Good Conduct, your application should not be
automatically denied, even if you have a “Serious Offense” or “Certain Misdemeanor” conviction.
If you have an open case(s), you may want to speak with your attorney about whether to apply for the
license while the case(s) is pending.
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
WHAT IS A “SERIOUS OFFENSE” UNDER THE SECURITY GUARD ACT?
LICENSING AGENCY
NEW YORK STATE
DEPARTMENT OF STATE
DIVISION OF LICENSING SERVICES
MAILING ADDRESS
P.O. Box 22001,
NEW YORK CITY ADDRESS
PHONE
WEBSITE
dos.ny.gov/licensing/
securityguard/sguard.html
dos.ny.gov/licensing/securityguard/
sguard.html
ü
ü
1
ü
ü
State
2
SECURITY GUARD
GETTING TO WORK WITH A CRIMINAL RECORD
FOOTNOTES
1 For a list of training courses, see:
criminaljustice.ny.gov/ops/sgtraining/
sgpcourses.htm
2 N.Y. General Business Law § 89-h
3 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380
4 N.Y. Exec. Law § 296(16)
5 N.Y. General Business Law § 89-f(13)
6 N.Y. Correction Law § 753
7 N.Y. Civil Practice Laws and Rules § 7801
8 N.Y. General Business Law § 89-I(4)(a)
9 N.Y. General Business Law § 89-I(4)(a)(i)
10 N.Y. General Business Law § 89-I(4)(a)(ii)
11 N.Y. General Business Law § 89-I(3)
12 N.Y. General Business Law § 89-I(1)
13 N.Y. General Business Law § 89-I(1)
14 N.Y. General Business Law § 89-I(6)
15 N.Y. General Business Law § 89-I(8)
16 N.Y. General Business Law § 89-I(8)
If the license is still denied after the hearing, you may appeal to the Secretary of State within 30
days after you receive the hearing decision. If you are still denied by the Secretary of State, you may
be able to have a judge review the nal denial by ling an Article 78 Appeal. You have four months
to le.
7
If you already have your security guard license, and you are arrested for a “Serious Offense” (listed
above), your license can be temporarily suspended while your criminal case is pending, or until DOS
holds a suspension or revocation hearing.
8
This can happen in two ways:
1 The criminal court can temporarily suspend your license if there is reasonable cause to believe
to you committed the offense;
9
or
2 DOS can temporarily suspend your license if reasonable cause exists to believe that you
committed the serious offense, and there is a direct relationship between the serious offense
and employment as a security guard.
10
If your license is temporarily suspended, a hearing will automatically be scheduled within 30 days
of the notice of temporary suspension.
11
If you are convicted of a “Serious Offense” or “Certain Misdemeanor” (listed above), your license can
be suspended for up to 18 months or permanently revoked.
12
You will receive a notice in the mail
that your license will be revoked. You can ask for a hearing within 35 days of receiving the notice.
13
At the hearing, you should bring any positive information you have about yourself, including
evidence of rehabilitation and witnesses to testify to your good moral character. After
the hearing, DOS will review all the information and decide whether to reinstate or revoke your
license.
14
The decision will be mailed to you. If your license was temporarily suspended, you will
receive a decision in the mail within 15 days.
15
If your license is revoked, it cannot be reinstated for one year from the date of the revocation.
16
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND YOU HAVE A NEW ARREST?
If you have a “Serious Offense” or “Certain Misdemeanor” conviction:
DOS will mail you a letter asking for details on your case and any evidence of rehabilitation.
They will review this information and either approve or propose to deny your license application. If they
propose to deny your license application, you can ask for a hearing within 35 days of receiving the
notice. At the hearing, you can present evidence to show why you are still eligible and qualied to be
approved for the license despite your criminal record.
If you do not have a “Serious Offense” or “Certain Misdemeanor” conviction, DOS must review the
specic facts of your conviction history to decide whether your conviction:
1 Directly relates to the duties of a Security Guard, or
2 Creates an unreasonable risk to the property or safety of other people.
To make this decision, DOS is required to evaluate all Article 23-A factors.
6
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE?
The New York State Education Department (NYSED) requires applicants to submit
ngerprints for criminal background checks. You must give consent for NY and FBI
background checks and pay the required fees.
2
The background checks include criminal convictions and open criminal cases.
3
There is no automatic disqualication for any conviction.
NYSED cannot consider the following types of cases, and they should not be reported:
sealed misdemeanor convictions, sealed felony convictions, youthful offender
adjudications, juvenile delinquent adjudications, arrests that did not result in a
conviction, or charges that are currently adjourned in contemplation of
dismissal (ACDs).
4
You should also include evidence of rehabilitation for the required Article 23-A
analysis. Even if the application does not ask for this information, try to submit it
with your application.
If you have an open case(s), you may want to speak with your attorney about
whether to apply for the license while the case(s) is pending.
highered.nysed.gov/
tcert/certificate/certprocess.html
ü
ü
ü
ü
ü
ü
ü
ü
1
SUMMARY OF
GENERAL REQUIREMENTS
The NYSED Commissioner of Education is involved in decisions regarding license applications and
discipline of licensees.
If you have criminal convictions or open criminal cases that the Commissioner of Education can
consider, they must review the specic facts of your conviction(s) to decide whether your conviction(s):
1 Directly relates to the duties of a teacher, or
2 Create an unreasonable risk to the property or safety of other people.
5
To make this decision, the Commissioner of Education is required to evaluate all
Article 23-A factors.
6
There is no specied time limit for this evaluation.
HOW DOES THE AGENCY MAKE DECISIONS ABOUT CONVICTION HISTORY?
TEACHER
WHAT ARE YOUR LEGAL OPTIONS IF YOU ARE DENIED A LICENSE?
If the Commissioner of Education denies your certication because of your background check,
you will be told in writing and be given a hearing where you can present evidence to contest
the denial.
7
If you are denied the certication at the hearing, you may le an Article 78 appeal in court
within four months of the nal denial.
If your license application is denied, you will be told if and when you may reapply.
LICENSING AGENCY
NEW YORK STATE EDUCATION
DEPARTMENT (NYSED)
OFFICE OF THE PROFESSIONS
PHONE
WEBSITE
op.nysed.gov/
GETTING TO WORK WITH A CRIMINAL RECORD
WHAT HAPPENS IF YOU ALREADY HAVE YOUR LICENSE
AND ARE CONVICTED OF A NEW CRIME?
If you are convicted of a crime while holding a teaching certication, the Commissioner of Education
and the State Board for Education (SBE), as well as the superintendent of your school district,
may bring disciplinary charges against you.
State Commissioner of Education/State Board of Education Process:
You will be given a copy of the disciplinary charges in writing. You should contact an attorney
soon after getting the charges, because you need to respond within a specied time.
Read all notices carefully.
8
If you are convicted of a sex offense or certain violent felonies, your certication will be revoked
without a hearing. (If a conviction for a sex offense or violent offense is later overturned,
your license may be reinstated.)
9
For most other convictions, you may request a hearing.
At the hearing you may be represented by a lawyer, present evidence, present witnesses,
and cross examine the government’s witnesses.
10
While the hearing is ongoing, you may be suspended with or without pay.
11
Following the disciplinary hearing, you will receive a written decision and notice of any imposed
penalty. Penalties can include suspending, partially suspending, or revoking your license.
12
If your certicate is suspended or revoked, you may le an Article 78 appeal in court within
four months of the nal disciplinary action.
Local School District Process:
If you are convicted of a crime, the superintendent of your school district can hold a hearing.
If you are charged with a sex offense, the district attorney will immediately notify the superintendent
of the school where you work.
13
You will get notice of the hearing and charges and an opportunity to defend yourself.
The superintendent may decide to invalidate your certicate and must notify the
Commissioner of Education.
14
If your certicate is suspended or revoked by the Commissioner of Education/SBE or the
superintendent of your school district, you may le an Article 78 appeal in court
within four months of the nal disciplinary action.
FOOTNOTES
1 N.Y. Educ. Law § 3001; N.Y. Educ.
Law § 3004; N.Y. Educ. Law § 3004-b;
see the Ofce of Teaching Initiatives:
highered.nysed.gov/tcert/
2 If you have already been cleared for licensure
by the NYC Department of Education, you can
request to have the school district forward
a copy of your criminal history record to the
commissioner. If you are applying to teach in
an NYC school, you can request to have your
background information sent to the school.
N.Y. Educ. Law § 3004-b
3 N.Y. Educ. Law § 3004-b
4 N.Y. Exec. Law § 296(16); N.Y. Fam. Ct.
Act § 380; N.Y. Educ. Law § 3004-b
5 N.Y. Exec. Law § 296(15); N.Y. Correct.
Law § 752
6 N.Y. Correct. Law § 753
7 N.Y. Educ. Law § 3004-c
8 N.Y. Educ. Law § 3018; N.Y. Educ. Law §
3020-a. Tenured teachers may have a specic
disciplinary process dictated by the collective
bargaining agreement. Members of a union
should contact their union representative
upon receiving notice of any disciplinary
charges. N.Y. Educ. Law § 3020
9 N.Y. Educ. Law § 3020-a; N.Y. Educ.
Law § 305
10 N.Y. Educ. Law § 3020-a
11 N.Y. Educ. Law § 3020-a
12 This is not a complete list. N.Y. Educ.
Law § 305; N.Y. Educ. Law § 3021-a
13 N.Y. Educ. Law § 3021-a
14 N.Y. Educ. Law § 3018
GETTING TO WORK WITH A CRIMINAL RECORD
This guide cannot replace legal advice
from a qualied attorney.
If you have questions or need legal advice,
please use the accompanying Resources or
LawHelpNY.org to nd a lawyer.
GETTING TO WORK
WITH A CRIMINAL RECORD
WHAT IS THE BENEFIT OF HAVING A CERTIFICATE OF RELIEF
OR CERTIFICATE OF GOOD CONDUCT?
1
Both certicates remove any mandatory bars to licensure or employment. This means you cannot be
automatically disqualied for a particular license or job because of your conviction(s); the licensing
agency or employer must consider you “rehabilitated” and evaluate you on an individual basis.
In addition, a Certicate of Good Conduct restores the right to apply for “public ofce,” if the public
ofce that you want to hold has an automatic bar for people with conviction histories. Most do not.
DOES THE CERTIFICATE EXPUNGE, SEAL, OR PARDON MY CONVICTION(S)?
No. You still must list your unsealed convictions when asked on license and job applications.
Employers will still see your unsealed convictions if they get your rap sheet or do a
background check.
DOES THE CERTIFICATE GUARANTEE ME A LICENSE OR JOB?
No. The licensing agency or employer must take your certicate into account when deciding whether
to license or hire you, and they must assume that you are “rehabilitated” unless there is evidence
indicating otherwise. But, the law still allows a licensing agency or employer to refuse to license or
hire you if they nd that there is a “direct relationship” between your conviction(s) and the license
or employment, or that licensing or hiring you would create an “unreasonable risk.”
See Article 23-A in the Glossary for more information on how they make this determination.
DO I NEED A CERTIFICATE TO BE ABLE TO REGISTER TO VOTE?
You can register to vote without a certicate! Only people who are currently incarcerated for a felony
are ineligible to vote. If you are not currently incarcerated for a felony, you can register to vote. All
people on parole in New York State are issued a conditional pardon that restores their right to vote.
The conditional pardon is renewed on a monthly basis.
If you are on parole and want to check if your voting rights have been restored, you can search
online by name: publicapps.doccs.ny.gov/ParoleeLookup/
Register to vote here: dmv.ny.gov/more-info/electronic-voter-registration-application
Learn more about voting on parole here: bit.ly/VoteOnParole
GETTING TO WORK WITH A CRIMINAL RECORD
CERTIFICATE OF RELIEF
FROM DISABILITIES &
CERTIFICATE OF GOOD CONDUCT
WHICH CERTIFICATE
AM I ELIGIBLE FOR?
ELIGIBILITY
DEPENDS ON YOUR
CONVICTION(S)
HOW MANY
CONVICTIONS
DOES THE
CERTIFICATE
COVER?
WHEN CAN I APPLY
FOR A CERTIFICATE?
CAN I GET THE
CERTIFICATE AT
MY SENTENCING?
CERTIFICATE OF RELIEF
FROM DISABILITIES
2
CERTIFICATE OF GOOD CONDUCT
3
• Maximum of 1 felony*
• Any number of misdemeanors
* Two or more felony convictions in the same court on the same day
are counted as one felony.
Each Certicate of Relief from Disabilities only covers
one conviction.
You can apply for a separate Certicate of Relief from
Disabilities for each misdemeanor or felony conviction.
If you have many convictions, you should at least try
to get Certicates of Relief from Disabilities for your
most recent and most serious convictions.
Right away – there is no waiting period
for this certicate.
Yes! You can get a Certicate of Relief from Disabilities
from the judge at the time you are sentenced, unless
you are sentenced to incarceration in a state facility.
Getting a Certicate at sentencing is especially
important if you have a job or license that will be
affected by a conviction, or if you live in public housing.
Talk to your defense attorney about asking for a
Certicate of Relief from Disabilities at sentencing.
• 2 or more separate felonies
• Any number of misdemeanors
Note: Some “public ofce” jobs require you to have a
Certicate of Good Conduct, (regardless of your conviction type).
“Public ofce” positions include:
• Some elected positions;
• Some government jobs;
• Law enforcement jobs, such as reghters or police ofcers.
One Certicate of Good Conduct will cover all of your
felony and misdemeanor convictions.
Depends on your most serious conviction
(not your last one):
• A or B felony: 5 years
• C, D, or E felony: 3 years
• Misdemeanors only: 1 year
The waiting period starts:
the last time you got out of prison or jail
(onto parole or maxed out)
OR
at the time of your last criminal conviction
if you weren’t incarcerated.
Note: If you were convicted in another state or in federal court, the
waiting period will be determined by what the level of the conviction
would have been if the conviction happened in New York State.
No, you must wait until the time period above passes.
GETTING TO WORK WITH A CRIMINAL RECORD
continues on next page
WHERE DO I APPLY FOR
THE CERTIFICATE?
HOW DO I REQUEST
THE APPLICATION?
CERTIFICATE OF RELIEF
FROM DISABILITIES
CERTIFICATE OF GOOD CONDUCT
It depends on where you were convicted and
if you were incarcerated in a state facility:
If you were convicted in New York but
you were not incarcerated in state prison:
You have to apply to the court where you
were convicted.
If you were convicted in New York and you
were incarcerated in a state prison,
OR if you were convicted of a federal or
out-of-state misdemeanor or felony:
You have to apply to the New York State Department
of Corrections and Community Supervision (DOCCS).
If you are on parole or probation:
You should request the certicate from your parole or
probation ofcer. Your parole or probation ofcer will
then forward the request to DOCCS.
If you are applying to the court where you
were convicted (and not on parole):
Contact the court clerk where you were convicted.
They have a different application than DOCCS. See this
chart of NYC Sentencing Courts by borough from the
Community Service Society: bit.ly/CourtsChart
If you are applying to DOCCS (and not on parole):
You can download one application for each conviction
at: doccs.ny.gov/certicate-relief-good-conduct-
restoration-rights
OR call and ask DOCCS to send you the application(s)
at: 518-485-8953
You must apply to the New York State Department of
Corrections and Community Supervision (DOCCS).
You can download the application at:
doccs.ny.gov/certicate-relief-good-conduct-
restoration-rights
OR call and ask DOCCS to send you the application(s)
at: 518-485-8953
GETTING TO WORK WITH A CRIMINAL RECORD
CAN I GET THE
CERTIFICATE WHILE
ON PAROLE OR
PROBATION?
You can get a temporary Certicate of Relief from
Disabilities while on parole or probation. A temporary
Certicate of Relief from Disabilities will automatically
become permanent after a specied date unless the
issuing court or the parole board revokes it.
You cannot apply for a Certicate of Good Conduct
while you are on parole or probation.
continues on next page
GETTING TO WORK WITH A CRIMINAL RECORD
CERTIFICATE OF RELIEF
FROM DISABILITIES
CERTIFICATE OF GOOD CONDUCT
WHAT SHOULD
I INCLUDE WITH
MY APPLICATION?
If you are applying to DOCCS:
In addition to your completed, signed, and notarized application, you will need to send proof of income
for the last two years:
1 Copies of your Federal Income Tax Filings for the last two years if you were employed, and/or
2 Copies of your Statement and Wages (W-2 Form) for the last two years if you earned wages, and/or
3 Copies of any miscellaneous income statements (Tax Form 1099) for the last two years if you received one.
If you do not have copies of any of the documents listed above, you can get them from the IRS at
www.irs.gov/individuals/get-transcript or 1-800-829-1040.
If you received public assistance, unemployment insurance, or Social Security benets for any
or all of the two-year period:
You must include a printout from the agency that provided you with the benets/support,
showing all the benets that you received.
If you had no reportable income for any or all of the two-year period (including any other benets not listed above):
You must provide a notarized document explaining how you supported yourself.
For all applications:
You should send as much evidence of rehabilitation as you have, such as:
4
• Proof of your current employment and/or job training
• Proof of any education you have completed or are pursuing
(high school equivalency, certicate programs, higher education)
• Proof of any programs you are attending or have completed
(substance use treatment, anger management, etc.)
• Letters of support from community members (employer, religious leader, etc.)
• Letters of support from counselors, therapists, or doctors
• Letters describing your community service/volunteer work
continues on next page
FOOTNOTES
1 See LawNY’s, “Certicates of Rehabilitation:” lawny.org/node/42/certicates-rehabilitation and Legal Action Center’s,
“Lowering Criminal Record Barriers:” lac.org/wp-content/uploads/2014/12/LoweringCriminalRecordBarriers_rev3.pdf for more information.
2 N.Y. Correct. Law § 703
3 N.Y. Correct. Law § 703-A
4 See Legal Action Center’s Guide, “How to Gather Evidence of Rehabilitation:”
lac.org/wp-content/uploads/2016/04/How-to-Gather-Evidence-of-Rehabilitation-3.30.16.pdf
5 See “Certicate of Relief from Civil Disabilities:” www1.nyc.gov/site/probation/services/certicate-of-relief-from-disability.page
CERTIFICATE OF RELIEF
FROM DISABILITIES
CERTIFICATE OF GOOD CONDUCT
WHAT DOES A TYPICAL
APPLICATION PROCESS
LOOK LIKE?
WHEN WILL I RECEIVE
THE CERTIFICATE?
If you are applying to the court where you
were convicted:
Every court sets up its own procedure for processing
applications. You might:
• Have to meet with a probation ofcer
who will evaluate your “rehabilitation.”
• Your meeting with a probation ofcer might be the
same day or within a few weeks of applying, so you
should bring all of your evidence of rehabilitation
with you when you apply.
• The probation ofcer will prepare a report that
includes a recommendation on whether you should
get a Certicate. The court should provide you with
a copy of that report if you request it.
• You may have to appear before a judge,
depending on the court.
If you are applying to DOCCS:
After DOCCS has received all necessary documents
and records from you, they will assign a eld Parole
Ofcer to complete an investigation. The eld Parole
Ofcer will:
• Contact you to arrange an interview at your home/
residence to answer any remaining questions
and conrm your current circumstances and
living situation.
• DOCCS will then decide whether to grant you
a certicate.
• DOCCS may choose to grant none, one, some,
or all of your applications.
If you apply to a court:
The typical processing time is six to ten weeks.
5
If you apply to DOCCS:
The processing time will vary depending on the
complexity of your case and whether you provide all
of your supporting documentation upfront. The assigned
parole ofcer will complete their report within 60 days of
when all documentation has been submitted.
After DOCCS has received all necessary documents and
records from you, they will assign a eld Parole Ofcer
to complete an investigation. The eld Parole Ofcer will:
• Contact you to arrange an interview at your home/
residence to answer any remaining questions and
conrm your current circumstances and living situation.
• DOCCS will then decide whether to grant you
a certicate.
The processing time will vary depending on the
complexity of your case and whether you provide all of
your supporting documentation upfront. The assigned
parole ofcer will complete their report within 60 days
of when all documentation has been submitted.
It could take a year or more
to obtain a Certicate of Good
Conduct or a Certicate of Relief
from Disabilities. If you need your
certicate urgently, you should
include a letter explaining why
when you send your completed
application form.
GETTING TO WORK WITH A CRIMINAL RECORD
Accusatory Instrument
This is a written accusation against someone alleging that they
have committed a crime. It can be an indictment, an information,
a simplied information, a prosecutor’s indictment, a superior court
information, a misdemeanor complaint, or a felony complaint.
Adjourned in Contemplation of Dismissal (ACD)
In certain cases, the court will adjourn a case and order an indi-
vidual to complete specied conditions that will allow their case
to be dismissed on a later date, often after six months or one year.
Common conditions include community service or requiring that
the individual not be rearrested for a period of time. The prosecu-
tion may object to dismissal on the basis that the individual did not
meet the required conditions or they believe it is not in the interest
of justice.
Adjournment Notice
Written notice that a case is postponed to a later date.
Appeal
Asking a court of higher position or power to review a legal deci-
sion and potentially change the result. For example, you can Ap-
peal to the New York State Supreme Court to review and overturn a
decision by a city agency.
Article 23-A (Correction Law 23-A)
A New York law that protects people who have criminal convic-
tion(s) from illegal discrimination when applying for employment
or licenses. The law says that an application for a license or employ-
ment cannot be denied based upon a criminal offense, unless:
1 There is a direct relationship between one or more of the
previous criminal offenses and the specic license or employ-
ment sought or held; or
2 The issuance or continuation of the license or employment
would create an unreasonable risk to property or to the safety
or welfare of specic individuals or the general public.
Employers are required to consider these eight factors to decide
if they can deny you based on your criminal record:
1 The New York State policy to encourage the licensure and
employment of people with criminal convictions;
2 The specic responsibilities related to the license or employ-
ment you want or have;
3 Any effect your criminal record has on your ability to complete
those responsibilities;
4 The amount of time since the offense occurred;
5 Your age when the offense occurred;
6 The seriousness of the convictions;
7 Any Evidence of Rehabilitation, including a Certicates of Relief
or a Certicate of Good Conduct; and
8 The legitimate interest of the licensing agency in protecting
property and the safety and welfare of specic individuals or
the general public.
*Most employers are NOT allowed to consider the following
cases as part of your conviction history:
• Sealed misdemeanor convictions
• Sealed felony convictions
• Youthful offender adjudications
• Juvenile delinquent adjudications
• Arrests that did not result in a conviction
• Charges that are currently adjourned in contemplation
of dismissal (ACDs).
Article 78
A lawsuit that challenges a nal decision made by a New York
State, New York City, or other local administrative agency. Article
78 proceedings must be led in court within four months of the
agency’s decision. It is possible to le the appeal on your own, but
we recommend that you nd a lawyer to help you. Legal services in
NYC can be found on the Resources page.
Certicate of Disposition
An ofcial paper from the court stating what offense(s) you were
charged with, how the case ended, and any sentence you received.
You must get a separate Certicate of Disposition for each arrest.
You can get Certicates of Disposition from the court where your
criminal case was heard. A $10 fee and government ID may be re-
quired. If your case was sealed, the Certicate of Disposition will be
given to you but not to the public. Talk to a lawyer before showing
the Certicate to anyone.
Certicates of Rehabilitation
There are two types of Certicates of Rehabilitation in New York: a
“Certicate of Relief from Disabilities” and a “Certicate of Good
Conduct.” While they have different names, they both do the same
thing: help prove that you have been “rehabilitated” since your
conviction(s). While these Certicates of Rehabilitation do not seal
or expunge your case(s), they will appear as a positive mark on your
record and remove any automatic bars based on your conviction.
You do not need a Certicate of Rehabilitation if your case ended
without a conviction.
See the Certicate of Relief and Certicate of Good Conduct
Guide for more information.
Collateral Consequences
A conviction from court can have a long-term impact on a person’s
life, whether or not they serve jail/prison time. A conviction, or even
sometimes just an arrest, can affect a person’s job, housing, govern-
ment benets, immigration status, student loans, and more. Collateral
Consequences is a term that covers all of these negative results.
GETTING TO WORK WITH A CRIMINAL RECORD
GLOSSARY
Conviction
A nding of guilt or a guilty plea to a crime or offense.
Crime
A felony or misdemeanor offense.
Crimes Involving Moral Turpitude
The law sometimes classies certain crimes as involving “moral
turpitude.” Convictions for such crimes may be grounds to deny or
revoke a professional license in New York State. Whether a crime in-
volves “moral turpitude” depends on the law and circumstances of
your case. It is a good idea to speak to a lawyer if you are applying
for a license with restrictions for crimes involving moral turpitude.
Evidence of Rehabilitation
Any documents to show an employer, landlord, government agen-
cy, or other person the positive things you have done since your
most recent conviction. This typically includes letters of recommen-
dation, copies of awards, graduation certicates from programs,
educational achievements, proof of current employment/job
training, or any other positive documents. The more documents
the better! See Legal Action Center’s “How to Gather Evidence of
Rehabilitation” guide here: lac.org/assets/les/How-to-Gather-
Evidence-of-Rehabilitation.pdf
Executive Pardon
A rare form of relief in New York State issued by the governor
to individuals who have completed their sentences but remain
disadvantaged by their conviction history. There are two types
of pardons in New York State. The rst type is a standard pardon,
which does not seal an individual’s record, and is similar to a
“Certicate of Relief from Disabilities.” The second type is a pardon
for non-violent convictions received at age 16 or 17, which may be
granted to individuals if they meet a number of requirements. This
type of pardon may seal public access to the conviction.
Good Moral Character
An intentionally vague eligibility requirement for some licenses.
Conviction of a crime can create a question about your “moral
character.” To help demonstrate that your conviction history does
not mean you lack “good moral character,” it is important to show
your Evidence of Rehabilitation.
Hearing
A formal meeting in which at least one person presents evidence
to prove their case to an objective decision-maker, often a judge
or hearing ofcer. Licensing/disciplinary hearings are usually held
in a government ofce, where an impartial Hearing Ofcer is in
charge of the hearing. In most cases, both the license applicant and
the agency will present evidence. Evidence can be either physical
(like a document) or testimonial (verbal) evidence. After consider-
ing the evidence, the hearing ofcer makes a decision. However,
there is often a waiting period of several weeks for the hearing
ofcer’s decision.
Hearing Ofcer
A hearing ofcer is similar to a judge because they are in charge of
the rules and make decisions during and after a hearing.
Juvenile Delinquent (JD)
A child over the age of 7 who is found to have committed an act
which would be considered a crime if committed by an adult. JD
status is considered condential and is sealed to the public.
License/Certication
Just as you need a license to drive a car, you need a State license
before doing certain jobs. Depending on the license, there may be
a lot of requirements or only a few. Requirements can include pay-
ing a fee, attending a class, and/or passing a test. If you don’t have
the license, even if the employer wants to hire you, they may not.
Some licenses have restrictions based on conviction records. These
New York State License Guides address some of the most frequently
asked questions about conviction record restrictions.
Moral Character
See Good Moral Character.
Sealed/Condential Case
Records of a case will be sealed from the public when a person is
found not guilty, a prosecutor declines to prosecute a case, a case
is dismissed, or a case is dismissed after an Adjournment in
Contemplation of Dismissal (ACD). Most violations and in-
fractions are also sealed. Youthful Offender (YO) and Juvenile
Delinquent (JD) adjudications are condential and sealed from
the public. Other sealed cases include limited types of cases that
you can apply to have sealed from the public. Some government
employers/agencies (Port Authority, law enforcement, peace ofcer
jobs, etc.) have access to sealed information. See Legal Action Cen-
ter’s “Sealing Old New York Convictions” guide here: lac.org/assets/
les/Seal-Criminal-Convictions-Brochure.pdf
If you have questions about your own case and whether you are
eligible for sealing, use the Resources page to nd a lawyer.
Youthful Offender (YO)
A special status granted by a judge to a youth who is between 13
-18 who has been charged as an adult for committing a crime. YO
status means that instead of a conviction, there is an adjudication.
An adjudication is condential and is not visible to most employers,
other than law enforcement or the military.
GETTING TO WORK WITH A CRIMINAL RECORD
THE BRONX DEFENDERS
The Bronx Defenders are holistic, community-oriented public
defenders serving Bronx residents with interconnected civil/
criminal legal issues.
PHONE 718-838-7878, Community Intake: x 303
WEBSITE bronxdefenders.org
ADDRESS 360 East 161st Street, Bronx, NY 10451
Walk-ins accepted M, W, F: 9am–4pm; T, Th: 9am–3pm
BROOKLYN DEFENDER SERVICES (BDS)
BDS provides legal representation and related services to low-in-
come Brooklyn residents.
PHONE 718-254-0700
WEBSITE bds.org
MAIN OFFICE ADDRESS 177 Livingston Street,
7th Floor Brooklyn,
New York 11201
COMMUNITY OFFICE ADDRESS 566 Livonia Avenue Brooklyn,
New York 11207
Walk-ins accepted at the Community Ofce:
M–F, 9am–5pm
COMMUNITY SERVICE SOCIETY (CSS)
CSS’s Next Door Project (NDP) helps low-income New Yorkers
obtain, review, understand and x mistakes in their ofcial criminal
record RAP sheets. Attorneys advise, advocate for, and represent
NDP clients who have faced employment, licensing, and housing
discrimination on account of their records, and represent individ-
uals eligible for records sealing under New York law. CSS can only
obtain RAP sheets for low-income individuals in the ve boroughs
of New York City.
PHONE 212-614-5441
Messages left on this hotline will be promptly returned.
WEBSITE cssny.org/programs/entry/the-next-door-project
No walk-ins because NDP staff are often in the eld;
please call the hotline or visit the website above.
LEGAL ACTION CENTER (LAC)
LAC provides legal help to New York State residents who have
a criminal record, substance use disorder, or HIV. Legal Action
Center’s online resources include publications, webinars, videos,
and training materials about the rights of people with criminal
records. This includes information about sealing old convictions,
cleaning up your RAP sheet, protecting yourself from employment
discrimination, voting, getting IDs, and more.
PHONE 212-243-1313
WEBSITE lac.org
No walk-ins; please call the phone number
or visit the website above.
THE LEGAL AID SOCIETY
The Legal Aid Society provides free legal services to low-income
individuals and families throughout New York City.
PHONE 888-663-6880 on T, W, and Th, 9:30am–12:30pm
WEBSITE legal-aid.org
No walk-ins; please call the phone number above.
LEGAL HAND
Legal Hand has trained community volunteers who operate out of
neighborhood storefront centers and provide free legal informa-
tion in areas like housing, family, immigration, divorce, domestic
violence, and benets.
WEBSITE legalhand.org
Legal Hand Crown Heights
250 Kingston Avenue, Brooklyn, NY 11213
718-619-4248
Legal Hand Brownsville
650 Rockaway Avenue, Brooklyn, NY 11212
347-404-9585
Legal Hand Jamaica
149-13 Jamaica Avenue, Jamaica, NY 11435
646-741-6411
Legal Hand Highbridge
1759 Jerome Avenue, Bronx, NY 10453
929-222-2015
Legal Hand Tremont
713 E. Tremont Avenue, Bronx, NY 10457
929-222-2014
Walk in or make an appointment; please call or check their website
for hours.
GETTING TO WORK WITH A CRIMINAL RECORD RESOURCES
RESOURCES
LEGAL RESOURCES
LEGAL SERVICES NYC (LSNYC)
LSNYC provides civil legal services with neighborhood-based ofces
and outreach sites across all ve boroughs.
PHONE 917-661-4500
Legal Assistance Hotline open M–F, 10am–4pm,
in any language
WEBSITE legalservicesnyc.org
No walk-ins; please call the phone number above.
MOBILIZATION FOR JUSTICE (MFJ), WORKPLACE JUSTICE PROJECT
MFJ’s Workplace Justice Project provides city-wide free legal assis-
tance for low-wage and immigrant workers on various employment
issues.
PHONE 212-417-3838 on T, 2pm–5pm
WEBSITE mobilizationforjustice.org/projects/workplace-justice-project
No walk-ins; please call the phone number above on Tuesdays.
NEIGHBORHOOD DEFENDER SERVICE OF HARLEM (NDS)
NDS provides legal representation to residents of upper Manhattan,
primarily 96th street and above.
PHONE 212-876-5500
WEBSITE ndsny.org
ADDRESS 317 Lenox Avenue, 10th Floor, New York, NY 10027
Walk-ins accepted: W, 9am–5pm
YOUTH REPRESENT
Youth Represent serves people under the age of 25 who have
had involvement in the criminal justice system.
PHONE 646-759-8080
WEBSITE youthrepresent.org
No walk-ins; please call rst or ll out the contact form at
youthrepresent.org/contact.
PUBLIC HOUSING
RESOURCES
BACK TO NYCHA
You may still be able to live in New York City Housing Authority
(NYCHA) even if you have a conviction. The Back to NYCHA site is
designed to help current and former residents, family members,
and prospective applicants learn more about living in NYCHA after
a criminal conviction.
Visit backtonycha.org to learn more.
1
RESOURCES
A FAIR CHANCE
The Center for Urban Pedagogy (CUP) and VOCAL-NY created A Fair
Chance, a guide to help formerly incarcerated people understand
their rights under the NYC Fair Chance Act, advocate for themselves,
and hold employers accountable.
View the PDF for free here: welcometocup.org/Projects/Making-
PolicyPublic/AFairChance
The Fair Chance Act makes it illegal for most employers in New York
City to ask about a job applicant’s criminal record before making
a job offer. This means ads, applications, and interview questions
cannot ask about an applicant’s criminal record.
Learn more here: www1.nyc.gov/site/cchr/media/fair-chance-act-
campaign.page
If you believe an NYC employer did not follow these rules, call 311
and ask for the Commission on Human Rights. You can leave an
anonymous tip, or you can le a complaint about what happened
to you. If the employer is found to have broken the law, you could
recover lost wages or other damages and the employer may have
to pay a ne.
2
EDUCATION & TRAINING
RESOURCES
THE INSTITUTE’S COLLEGE INITIATIVE AND CAREER PATHWAYS
The Institute for Justice and Opportunity’s College Initiative and
Career Pathways create access to college, training, and employment
for people impacted by the criminal legal system. This includes:
College Initiative, which offers free academic counseling,
assistance with nancial aid/college applications, peer mentoring,
scholarships, and ongoing support. If you are interested in joining
College Initiative, ll out this intake form: justiceandopportunity.org/
educational-pathways/college-initiative/getting-started/
Learn more about going to college with a conviction in the guide,
Is College for Me? here: welcometocup.org/Projects/PublicAccessDe-
sign/iscollegeforme
Tech 101, an entry-level course designed to introduce students to
the fundamental technology skills needed in the workforce. Learn
more here: justiceandopportunity.org/career-pathways/tech-101/
The Navigator Certicate in Human Services and Commu-
nity Justice is intended for people with lived experience in the
criminal legal system who are working in entry-level human services
positions or seeking employment in human services. The curriculum
combines the theory and ethics of human services with develop-
ment of professional skills. Learn more here: justiceandopportunity.
org/career-pathways/navigator/
GETTING TO WORK WITH A CRIMINAL RECORD
LEGAL ACTION CENTER
Legal Action Center creates publications, training materials, and
toolkits for people with conviction records, including Sealing Old
New York Convictions, How to Gather Evidence of Rehabilitation,
and Criminal Records and Employment: Protecting Yourself
from Discrimination.
Visit lac.org/resources to view all of the publications.
THE NEW YORK PUBLIC LIBRARY’S CORRECTIONAL SERVICES
The New York Public Library publishes Connections, a free, annual
reentry guide for people returning to New York City after incarceration.
Connections includes a Job Search guide and listings of over 500
community organizations.
Visit nypl.org/corrections to view the full PDF online.
To nd these license guides online,
visit justiceandopportunity.org.
FOOTNOTES
1 Created by Sparkle Brains, Theatre of the Oppressed NYC, Vera Institute of Justice, and Youth Represent.
2 See Fair Chance Act: Fact Sheet for Employees: www1.nyc.gov/site/cchr/media/fair-chance-employees.page
GETTING TO WORK WITH A CRIMINAL RECORD
©2020 The Institute for Justice and Opportunity
John Jay College of Criminal Justice, City University of New York
524 West 59th Street, BMW Suite 609B, New York, NY 10019
The Institute for Justice and Opportunity (the Institute), formerly known as the Prisoner Reentry
Institute, is a center of research and action at the John Jay College of Criminal Justice/CUNY. The
Institute is committed to providing opportunities for people to live successfully in the commu
-
nity after involvement with the criminal legal system. Capitalizing on its position within a large
public university and recognizing the transformational power of education, the Institute focuses
much of its work on increasing access to higher education and career pathways for people
with conviction histories. The Institute’s comprehensive and strategic approach includes direct
service, research, technical assistance, and policy advocacy.
