Imagine you’re interviewing for your dream job on Long Island, but a shadow from your past threatens to overshadow your chances. Many of my clients in Nassau County and across Long Island face this dilemma, worried about how their criminal record might impact their job prospects. Here’s what you need to know about what employers can and cannot ask about your criminal history.

What Can an Employer Ask in a Job Interview?

An employer CAN ask:

  • If you have been convicted of a crime: In New York, this includes felonies and misdemeanors. Violations, such as Disorderly Conduct, are not classified as crimes in Nassau or Suffolk counties or elsewhere in New York.
  • If you have any convictions on your record: This includes felonies, misdemeanors, and violations. However, violations are typically sealed unless the court orders otherwise or you agree not to have them sealed.
  • If you use illegal drugs: Employers may ask about drug use as it relates to job performance and safety.

An employer CANNOT ask:

  • If you have ever been arrested: Arrest records alone do not indicate guilt and are generally not relevant to most job applications in Long Island or anywhere else in New York.
  • If you have ever been convicted of a violation or other non-criminal offense: Violations are not considered crimes and are often not disclosed to employers.
  • If you have ever been adjudicated as a youthful offender or juvenile delinquent: These adjudications are typically kept confidential, including in Nassau County and throughout the state.
  • If you have a history of drug or alcohol abuse: Employers cannot inquire about your history of substance abuse or any related treatments.

Can An Employer Obtain My Arrest or Conviction Records?

As a Nassau County criminal defense attorney, I frequently receive questions about whether potential employers can access your Nassau and Suffolk County arrest or conviction records. In New York State, some employers have the right to obtain your records, including:

  • Public employers: This includes federal, state, and local government agencies, as well as law enforcement agencies in Long Island.
  • Financial institutions
  • Hospitals
  • Nursing home facilities
  • Home health aide agencies
  • Occupational licensing agencies
  • Child care agencies
  • Museums
  • School bus driving companies
  • Security guard companies

If you have no criminal convictions but have pending criminal charges, it may be best to wait until your case is resolved before applying for a new job. Seeking a dismissal or another favorable disposition where your records can be sealed might improve your job prospects, especially in the competitive job market on Long Island.

Practical Tips for Job Seekers on Long Island

If you’re concerned about a pending charge affecting your job search, consider these steps:

  1. Consult with an experienced Long Island Criminal Defense Attorney: A criminal defense attorney familiar with the legal landscape in Nassau and Suffolk counties can help you understand your options and potentially seal your record.
  2. Be Prepared: If asked about your criminal history, be honest but concise. Focus on how you’ve positively moved forward since the incident.

FAQ: Common Questions About Criminal Records and Employment

Q: How long does a criminal record stay on my record in New York?

A: In New York, most criminal records remain accessible for an indefinite period. However, certain records, such as violations, may be sealed after a period, and felonies or misdemeanors can sometimes be expunged or sealed depending on the circumstances and legal outcomes.

Q: Can I be fired for a criminal conviction if I already have the job?

A: Yes, employers can terminate employment based on criminal convictions, especially if the conviction is relevant to the job duties or company policies. It is important to review your employment contract and company policies regarding criminal records.

Q: What should I do if I find out my criminal record has been incorrectly reported to a potential employer?

A: If you believe there is an error on your criminal record, you should promptly contact the court or agency that maintains the record to request a correction. Additionally, you may want to consult with a criminal defense attorney to ensure the error is rectified and to protect your rights.

Q: How can I improve my chances of getting a job if I have a criminal record?

A: To improve your chances, consider taking the following steps:

  • Seek Legal Assistance: Work with an attorney to explore options for sealing or expunging your record.
  • Be Honest: If asked about your criminal history, provide a truthful but brief explanation, focusing on your rehabilitation and positive changes.
  • Highlight Skills and Experience: Emphasize your qualifications, skills, and experience relevant to the job you’re applying for.
  • Consider Expungement: In some cases, you may be eligible for expungement or sealing of your record, which can help improve your job prospects.

The R.M.L. Law Firm, PLLC is Here to Help You.

Facing the possibility of your criminal record affecting your job prospects in Nassau or Suffolk County can be stressful. It’s crucial to understand your rights and what employers in the region can legally ask. At The R.M.L. Law Firm, PLLC, we specialize in criminal defense and are committed to guiding you through this challenging process. Contact us today at (516) 765-5566 for a free, comprehensive case evaluation and take the first step toward resolving your case in a way that protects your future.

By: Attorney Ramy M. Louis, Nassau County Criminal Defense Attorney & Former Nassau County Prosecutor