Closing Loopholes to Protect Your Right to a Fair Chance at Work
On March 22, 2025, New York’s Maintaining Criminal Record Confidentiality Act took effect, giving job seekers with past criminal records stronger protections against employment discrimination. This important legislation, supported by advocacy organizations including The Legal Aid Society and the Legal Action Center, closes a significant loophole that previously allowed employers to access sealed and confidential criminal records.
What the Law Protects You From
The Maintaining Criminal Record Confidentiality Act (S940/A6637) prohibits employers, landlords, and educational institutions from requiring you to provide copies of your criminal history records obtained through the Division of Criminal Justice Services’ Personal Record Review process. These personal records often contain sealed and confidential information that employers should not have access to.
Under the new law, if an employer asks you to obtain your DCJS criminal history report and hand it over as part of a job application or employment process, they are violating the law. Employers can conduct background checks through other lawful channels, but they cannot force you to disclose records that include sealed or confidential information.
Why This Law Matters for Your Rights
This Act works hand-in-hand with New York’s Clean Slate Act and existing criminal record protections to ensure that sealed records remain truly sealed. As The Legal Aid Society stated when advocating for the law’s passage, it prevents employers from “circumventing existing protections for New Yorkers with arrest records.”
For years, some employers exploited a workaround: they would ask job applicants to obtain their own criminal records from DCJS and then require them to provide those records as part of the hiring process. This practice undermined the entire purpose of sealing records and denied people the fresh start they deserved. The Maintaining Criminal Record Confidentiality Act eliminates this loophole.
What to Do If an Employer Violates Your Rights
If an employer requires you to provide your personal DCJS criminal history record, they are engaging in an unlawful discriminatory practice under New York law. You have the right to refuse this request, and you cannot be denied employment or face retaliation for refusing to provide these confidential records.
As The Legal Aid Society emphasized, “New Yorkers with past arrest records are no less capable or deserving of the opportunity to work and access housing.” This law reinforces that principle and gives you legal protections to enforce it.
Know Your Rights
The Maintaining Criminal Record Confidentiality Act represents an important step forward in employment protections for New Yorkers with criminal records. Understanding your rights under this law can make the difference between being unfairly denied opportunities and accessing the employment you deserve.
