New York
New York
Final grade: C+
Exclusion Grade
A-
Relevance Grade
B-
Due Process Grade
F
Strengths
- Boards must evaluate multiple mitigating factors (including evidence of rehabilitation) when considering licensing applications.
- Bans agencies from using vague standards like “good moral character” to disqualify applicants.
Areas of Improvement
- Strengthen safeguards for due process by requiring a petition process and placing the burden of proof on the state.
- Eliminate “unreasonable risk” loophole.
Overall, New York has above-average protections for ex-offenders, earning a C+ for its final grade. At first glance, New York appears to have a strong relevancy test, requiring a “direct relationship” between the conviction and the license. Unfortunately, this test is immediately swallowed by a loophole that lets boards deny licenses if they determine that granting a license to an applicant would pose an “unreasonable risk,” which is a much weaker standard.
Exclusion
| Overarching ban on blanket bans | Yes |
| Ban on considering arrest records | Yes |
| Ban on considering post-conviction relief records | Yes, sealed records |
| Time limit | No limit |
| Ban on vague, discretionary character standards | Yes |
Relevance
| Relationship between the crime and the license sought | “Direct relationship” or issuing the license “would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public” |
| Required factors for consideration | |
| Rehabilitation | Yes |
| Time elapsed since crime was committed | Yes |
| Age when crime was committed | Yes |
| Employment History | No |
| Testimonials | No |
Due Process
| Petition Process | No |
| Burden of Proof | Both unspecified |
| Right to appeal | No |
| Written notice requirement | Yes |