SUMMARY OF STATE LAWS
The majority of states allow employers to refuse to hire anyone with a conviction record – or even an arrest that never led to conviction – because they have absolutely no guidelines or regulations on how an employer must evaluate a criminal history when considering an applicant. Only fourteen states have legal standards governing public employers’ consideration of an applicant’s criminal record that require an individualized assessment of the applicant’s qualifications and ability to do the job. These states are: Arizona, Colorado, Connecticut, Florida, Hawaii, Kansas, Kentucky, Louisiana, Minnesota, New Mexico, New York, Pennsylvania, Washington, and Wisconsin. To see an overview of the laws of all fourteen states, click here. Only five of those states – Hawaii, Kansas, New York, and Wisconsin – regulate private employers. Even when it comes to granting licenses for a wide range of occupations, only 21 states have standards that require a “direct,” “rational,” or “reasonable” relationship between the license sought and the applicant’s criminal history to justify the agency’s denial of license, while the other 29 states do not.
For a complete description of the 50 states’ laws concerning employment of people with criminal records, please see the Legal Action Center’s report After Prison: Roadblocks to Reentry at http://lac.org/roadblocks-to-reentry/main.php?view=law&subaction=4.
New York
The New York State Human Rights Law states that an applicant may not be denied
employment or licensure because of his or her conviction record unless there is a direct
relationship between the offense and the job or license sought, or unless hiring or
licensure would create an unreasonable risk to property or to public or individual safety.21
This law applies to employers with ten or more employees.22 A person with a criminal
record who is denied employment is entitled to a statement of the reasons for such
denial.23 Factors to consider in analyzing whether employment may be denied are found
in N.Y. Corrections Law, Article 23-A.24 In addition, an employer may not inquire about
nor act upon an arrest that was terminated or determined in favor of the individual.25

