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.

Statute: N.Y. Correct. Law §§ 750-755 (Consol. 1977 & 2007), N.Y. Exec. Law §§ 296(15), 296(16) (Consol. 2015)

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