Know the Law: How NY Correction Law 23-A Impacts Your Hiring Process

As a New York business owner or HR professional, understanding Correction Law Article 23-A is essential to staying compliant and hiring responsibly.

What Is Correction Law 23-A?

New York State Correction Law Article 23-A protects individuals with criminal convictions from unfair discrimination in employment and licensing. It doesn’t prohibit you from denying employment due to a conviction—but it places strict limits on when and how you can do so.

Under this law, you may only deny employment based on prior convictions if:

1. The conviction has a direct relationship to the job; or
2. The applicant poses an unreasonable risk to property, people, or public safety.

You Must Consider 8 Specific Factors

Before making any decision, employers are legally required to consider:

1. New York’s public policy encouraging employment of people with criminal records
2. Duties and responsibilities of the position
3. The relationship between the conviction and the job
4. Time passed since the offense
5. Age of the person at the time of the offense
6. The seriousness of the offense
7. Evidence of rehabilitation and good conduct
8. The employer’s interest in protecting property and public safety

NYC Employers – Take Extra Care

If your business is based in New York City, you must also comply with the Fair Chance Act, which includes:

• No questions about criminal history until after a conditional offer is made
• Providing a Fair Chance Notice if you plan to revoke the offer
• Giving the applicant time to respond before finalizing the decision

Bottom Line: You can protect your business—but you must do it the right way. Correction Law 23-A ensures a fair, thoughtful hiring process that aligns with the values of rehabilitation and opportunity.

Failing to comply puts your company at legal risk—and undermines trust with job candidates and the public.

Learn More from Official Sources

• Correction Law Article 23-A (NY State Senate)
• NYC Fair Chance Act Overview

Need help reviewing your hiring policies or navigating a compliance issue?
Contact Chilla Legal — We help businesses stay protected and proactive. Learn more: https://chillalegal.com