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New York Correction - Article 23-A - § 753 Factors to Be Considered Concerning a Previous Criminal Conviction; Presumption

Legal Research Home > New York Laws > New York Correction (COR) > New York Correction - Article 23-A - § 753 Factors to Be Considered Concerning a Previous Criminal Conviction; Presumption

Correction 
 
    §  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 or held by the person.
    (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.

Last modified: March 4, 2013