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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27713
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How long are criminal records available to employers in ny

Customer Question

how long are criminal records available to employers in ny
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced NYS criminal lawyer.
New York has a 7-year law in place, which means that third party reporting agencies will not report criminal convictions that are more than 7 years old. BUT, if the position is one that will pay more than $25,000 that will not apply AND there is nothing to prevent an employer from doing his own search without the use of a third party service, in which case your record will be visible no matter how old it is.
So, count on the probability that your employer will see your old record, regardless of its age.
That said, there is something called a Certificate of Relief from Civil Disabilities that you can apply for through the Department of Parole. With this certificate, it would be illegal for any NYS employer to discriminate against you on the basis of your criminal conviction, unless the kind of crime you committed is directly related to the position you are seeking.
You can find out how to get the certificate and what it does and doesn't do here: