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There are no limitations in place as to who can request access to this information. The government bodies included within the bounds of the Freedom of Information Law include any state or municipal board, bureau, division, commission, committee or authority. The term public record is defined as any information that has been held, filed, produced or created by any agency mentioned above. Each agency is required to maintain records on the voting practices, names, titles and salaries of their employees. For instance, any records that would interfere with bid or contract awards cannot be disclosed, as well as any information that would potentially compromise an ongoing law enforcement investigation.
If a criminal history record is requested for purposes of employment or licensing, the request will be granted if there is a state law, local law or federal law of a New York State town, village, city or county that authorizes a fingerprint-based criminal history search for these instances.
These records are releasable to individuals involved in the arrest or to a person with a legitimate interest as stated by the Public Officers Law. Individuals seeking record information regarding inmates can utilize the name-based search tool available on the Department of Corrections and Community Supervision website. Searches can be done according to last name, first name, birth year, or department identification number.
A search result for an inmate will supply the sex, race, custody statistics, holding location and release facility of the person in question. It will also show their minimum and maximum sentences, as well as the earliest possible release date.
There are a few areas of employment where Article A does not apply, such as job positions in any law enforcement agency. Otherwise, all private employers with ten employees or more are subject to this law. Article A requires that employers consider several factors in determining whether an applicant may be denied employment based on past criminal convictions.
The employer must consider:. Also, if the applicant has been issued a certificate of relief from disabilities or a certificate of good conduct, the employer must take that into consideration. The certificate creates a presumption of rehabilitation , meaning that the employer must take it as evidence that the applicant has been rehabilitated.
What is the difference between a certificate of relief from disabilities and a certificate of good conduct? Past employment discrimination cases provide guidance for weighing the Article A factors.
HOW CAN WE HELP YOU?
Examples from these cases demonstrate that a greater number of convictions, or convictions of criminal offenses that sound more serious, do not necessarily disqualify a job applicant. Instead, greater consideration is often given to the amount of time that has elapsed since the offense occurred.
However, it is important to remember that the employer must consider each applicant on a case-by-case basis. What if I consider all the factors and decide not to offer the applicant a job? If, after considering the required factors, the employer chooses to deny the applicant employment, the applicant is entitled to a written statement giving the reasons for this denial. If I do offer the applicant a job, can I later be held liable for negligent hiring? Of all the negligent hiring claims previously filed in the state of New York, less than ten percent were based on the hiring of persons with criminal records.
In such cases, the plaintiff won about half the time. If a negligent hiring claim was filed against me, how could I effectively defend myself? The legal standard for all negligent hiring claims in New York is the same; it does not matter whether the employee was previously convicted of a criminal offense. In other words, the judge will evaluate whether the alleged acts of the employee were foreseeable by the employer. However, keep in mind that prior case law also suggests that once hiring procedures are developed, they must be followed. New York state courts are more likely to find for the employer if that employer properly implemented its own hiring policies.
It is our opinion that lying is an unacceptable practice and you are within your rights to not hire or terminate individuals who based on the questions you ask, has lied, omitted, or misrepresented themselves on an application or in an interview. The information should not be incomplete or duplicative and you should only be considering disposition information that indicates the crime for which the person was convicted, not arrest charge s , arraignment charges, or charges that were satisfied or covered by the charge the person pled guilty to.
Are there resources my company could utilize if I hire someone with a criminal record? A conviction is a final judgment such as by a guilty verdict that a person is guilty of a crime.
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When reviewing an applicant's criminal history, remember to look out for missing, duplicative, or misleading information, which are all very likely to exist on a report. Remember, these reports do not give you a full picture of the person applying for a job.
New York Public Records
New York State Law requires you to take the time to find out more from the individual at an interview or from other verifiable sources in order to make a fair and more accurate assessment of the job seeker. Here are some important things to keep in mind:. H elping I ndividuals with criminal records R eenter through E mployment. Protecting yourself when using criminal background checks The National HIRE Network recognizes that employers have legitimate concerns about hiring job applicants with criminal records.
What type of notification is required? There are many ways in which a criminal action can be favorably terminated: The complaint, accusation or charges were dismissed; The individual was acquitted by a jury; A guilty verdict was set aside by the court; Example: The trial court determines—after a guilty verdict has been rendered, but before sentencing—that new evidence or a new legal ground warrants dismissal of the charges against the defendant and does not order a new trial. Prior to filing of a complaint or information, the prosecutor elects not to prosecute the individual; or The arresting police agency elects not to proceed further.
Laws Governing Employers' Consideration of Conviction Records Can I refuse to hire an applicant because he or she has a criminal record? First, employment may be denied if there is a direct relationship between the criminal offense committed and the employment sought. Second, employment may be denied if the applicant would pose an unreasonable risk to property or the safety or welfare of others.
This includes a risk to specific individuals or the general public. How do I determine whether either of these exceptions apply? The duties and responsibilities related to the job sought. The amount of time that has elapsed since the occurrence of the criminal offense or offenses. This refers to how long is has been since the applicant committed the offense, not how long it has been since the applicant was convicted.
In some instances, the date of the conviction may be years after the applicant actually committed the offense. The seriousness of the offense or offenses.
New York Budget Impact on Hiring in the State - Sterling
The interest in protecting property, and the safety and welfare of specific individuals or the general public. Individuals who have no more than one felony conviction and any number of misdemeanor convictions , may apply for a certificate of relief from disabilities. Each certificate applies to only one offense, so an applicant may have more than one certificate of relief from disabilities. Individuals who have two or more felony convictions and any number of misdemeanor convictions may apply for a certificate of good conduct. An applicant will not have more than one certificate of good conduct, as it applies to all previous convictions.
In order to receive this certificate, the individual must have remained out of prison for at least 3 to 5 years. Both types of certificates are granted only after a parole officer conducts an investigation and determines that the individual has been rehabilitated.