Fair Chance/New York
New York Fair Chance Hiring 2026
When criminal history can enter the hiring process, what must happen before a conviction-based no, and who enforces it. Every figure below is checked against the statute and agency guidance.
The Eight-Factor Test
Correction Law Article 23-A permits denying employment over a conviction in exactly two cases and requires employers to weigh eight statutory factors first. New York City adds its own pre-offer timing bar.
| The law | Correction Law Article 23-A (sections 752 and 753) |
|---|---|
| Who is covered | Article 23-A reaches public agencies and private employers; a private employer is any person, company, corporation, labor organization or association which employs ten or more persons (Correction Law 750). |
| When criminal history can enter | The state law is a substantive test rather than a timing gate. Correction Law 752 permits denying employment over a previous conviction in exactly two cases: a direct relationship between one or more of the offenses and the specific employment sought, or an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. New York City adds a pre-offer timing bar; see the section below. |
| Assessment before a no | Correction Law 753 lists eight factors, (a) through (h), that employers must consider: the state's public policy of encouraging the employment of people previously convicted; the specific duties and responsibilities of the job; the bearing, if any, of the offense on fitness or ability to perform them; the time elapsed since the offense; the person's age at the time of the offense; the seriousness of the offense; any information produced about rehabilitation and good conduct; and the employer's legitimate interest in protecting property and the safety and welfare of specific individuals or the general public. A certificate of relief from disabilities or a certificate of good conduct creates a presumption of rehabilitation for the offenses it covers. |
| Required notices | Labor Law 201-f requires employers to post a copy of Correction Law Article 23-A conspicuously. It is a posting duty only; the section does not impose a duty to hand the article to applicants. |
New York City: the Fair Chance Act
New York City's Fair Chance Act (Admin. Code 8-107(11-a)) goes further than the state law: it bars criminal-history inquiries before a conditional offer. Withdrawing an offer over criminal history requires giving the applicant a written copy of the inquiry, a written Fair Chance Analysis, and at least 5 business days to respond, with the position held open during that window.
The 2021 Local Law 4 amendments extended fair-chance protections to current employees, pending criminal cases, and unsealed violations, and made being 25 or younger at the time of the events a mitigating factor for pending cases. The NYC Commission on Human Rights enforces the city law.
The federal floor: FCRA paperwork in every state
Whenever an employer in any state obtains a background check through a consumer reporting agency, the federal Fair Credit Reporting Act sets the baseline procedure. State fair-chance laws layer on top of it, never instead of it.
Before the check. A standalone written disclosure that a consumer report may be obtained for employment purposes, and the applicant's written authorization (15 U.S.C. 1681b(b)).
Before any adverse action based on the report. A copy of the report plus the summary of rights, "A Summary of Your Rights Under the Fair Credit Reporting Act." The current edition is the CFPB's September 2018 version, published on the CFPB model forms and disclosures page; superseded FTC-branded copies still circulate.
With the adverse-action notice. The consumer reporting agency's name, address, and toll-free phone number; a statement that the agency did not make the decision and cannot explain it; and disclosure of the rights to a free report within 60 days and to dispute the report's accuracy (15 U.S.C. 1681m(a)).
Questions employers ask
Can a New York employer deny a job because of a criminal conviction?
Only in two cases under Correction Law 752: a direct relationship between one or more of the previous offenses and the specific employment sought, or an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. The employer must weigh the eight factors of Correction Law 753 in reaching that judgment.
What are the eight factors of New York Correction Law 753?
The state's public policy of encouraging the employment of people previously convicted; the specific duties and responsibilities of the job; the bearing of the offense on fitness or ability to perform them; the time elapsed since the offense; the person's age at the time of the offense; the seriousness of the offense; information produced about rehabilitation and good conduct; and the employer's legitimate interest in protecting property and public safety. A certificate of relief from disabilities or of good conduct creates a presumption of rehabilitation.
Does New York Labor Law 201-f require giving applicants a copy of Article 23-A?
No. Labor Law 201-f requires posting a copy of Correction Law Article 23-A conspicuously in the workplace. It is a posting duty only, not a duty to provide the article to applicants.
What does the NYC Fair Chance Act require before withdrawing a job offer?
The city law bars criminal-history inquiries before a conditional offer. To withdraw an offer over criminal history, the employer must give the applicant a written copy of the inquiry, a written Fair Chance Analysis, and at least 5 business days to respond while the position is held open.
Does the NYC Fair Chance Act cover current employees?
Yes, since the 2021 Local Law 4 amendments, which extended fair-chance protections to current employees, pending criminal cases, and unsealed violations, and made being 25 or younger at the time of the events a mitigating factor for pending cases.
Sources and caveats
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