Effective February 1, 2009, employers must post a copy of the Correction Law relating to the use of prior convictions.

On August 5, 2008, Governor Paterson signed legislation that requires employers to post a copy of Article 23-A of the correction law relating to the employment of persons with a criminal conviction (Chapter 465)". Under the new law which takes effect February 1, 2009, a copy of Article 23-A must be posted in a visually conspicuous manner in an accessible location at the workplace


New York State Correction Law - Article 23-A, Section 753

Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses


§ 753. Factors to be considered concerning a previous criminal conviction; presumption.
  1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors:
    (a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses.
    (b) The specific duties and responsibilities necessarily related to the license or employment sought.
    (c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities.
    (d) The time which has elapsed since the occurrence of the criminal offense or offenses.
    (e) The age of the person at the time of occurrence of the criminal offense or offenses.
    (f ) The seriousness of the offense or offenses.
    (g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.
    (h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.
  2. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.