N.Y. Laws » CHAPTER Correction / ARTICLE Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses
New York Consolidated Laws

N.Y. Correction Law § 751 (2026)

Applicability

✓ current as of May 2026
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§ 751. Applicability. The provisions of this article shall apply to
any application by any person for a license or employment at any public
or private employer, who has previously been convicted of one or more
criminal offenses in this state or in any other jurisdiction, and to any
license or employment held by any person whose conviction of one or more
criminal offenses in this state or in any other jurisdiction preceded
such employment or granting of a license, except where a mandatory
forfeiture, disability or bar to employment is imposed by law, and has
not been removed by an executive pardon, certificate of relief from
disabilities or certificate of good conduct. Nothing in this article
shall be construed to affect any right an employer may have with respect
to an intentional misrepresentation in connection with an application
for employment made by a prospective employee or previously made by a
current employee.
Notes of Decisions
Cited in 18 cases (4 in the last 5 years), 1986–2025 · leading case: Trathony Griffin Et Al., Appellants, v. Sirva, Inc., Et Al., Respondents, 76 N.E.3d 1063 (NY 2017).
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Trathony Griffin Et Al., Appellants, v. Sirva, Inc., Et Al., Respondents, 76 N.E.3d 1063 (NY 2017). · cites it 6× “and to any license or employment held" (Correction Law § 751 [emphasis added]). This language targets the employer, public or private, where the individual is employed or has applied for employment.”
Matter of Streety v. Annucci, 2022 NY Slip Op 02170 (N.Y. App. Div. 2022). · cites it 2× “That said, Correction Law article 23-A is aimed at "eliminat[ing] bias against ex-offenders in obtaining employment or a license" ( Matter of Baman v State of New York , 85 AD3d 1400, 1401-1402 [2011]; see Correction Law §§ 751, 752; Griffin v Sirva, Inc.”
Baman v. State, 85 A.D.3d 1400 (N.Y. App. Div. 2011). “It applies to convictions that predate an application for a license and has “no bearing on disciplinary proceedings against persons already licensed” (Matter of Mosner v Ambach, 66 AD2d 912 [1978]; see Correction Law § 751; Matter of Pietranico v Ambach, 82 AD2d 625, 626 [1981],…”
Matter of Belgrave v. City of New York, 137 A.D.3d 439 (N.Y. App. Div. 2016). “The New York State Attorney General has similarly interpreted the exemption in article 23-A. In a matter involving the transfer of an employee assigned to work as a police dispatcher, the Attorney General determined that the criteria set forth in Correction Law § 751 did not…”
Matter of Ogundu v. State of N.Y. Dept. of Health, State Bd. for Prof'l Med. Conduct, 2020 NY Slip Op 06986 (N.Y. App. Div. 2020). “and has 'no bearing on disciplinary proceedings against persons already licensed'" ( Matter of Baman v State of New York , 85 AD3d 1400, 1401 [2011], quoting Matter of Mosner v Ambach , 66 AD2d 912, 912 [1978] [internal citation omitted]; see Correction Law § 751; Matter of…”
Matter of Janitronics, Inc. v. New York State Div. of Human Rights, 2025 NY Slip Op 03682 (N.Y. App. Div. 2025). · cites it 4× “" Under Correction Law article 23-A, the discrimination proscriptions of Executive Law § 296 (15) apply to private employers with at least 10 employees — among others — and extend to individuals with "criminal offenses in this state or in any other jurisdiction" (Correction Law…”
Markman v. New York State Dep't of Educ., 131 A.D.2d 908 (N.Y. App. Div. 1987). “Article 23-A by its terms applies only to an application for a license made by a person who has previously been convicted of a crime (Correction Law § 751). Since petitioner’s acts did not trigger a criminal prosecution and a resulting conviction, article 23-A is inapplicable…”
City Servs., Inc. v. Neiman, 77 A.D.3d 505 (N.Y. App. Div. 2010). “Since one of those principals never obtained a pardon or certificate pursuant to article 23 of the Correction Law, the antidiscrimination provisions of article 23-A of that law are inapplicable and the company is ineligible for a check-cashing license (Banking Law § 369 [6];…”
Noble v. Career Educ. Corp., 375 F. App'x 102 (2d Cir. 2010). · cites it 2× “” (citing N.Y. Correct. Law § 751 3 )); Durante v. Bd.”
Matter of Hodge v. New York City Tr. Auth., 2020 NY Slip Op 1008 (N.Y. App. Div. 2020). “acted upon adversely by reason of the individual's having been previously convicted of one or more criminal offenses" (Correction Law § 752) where the conviction "preceded such employment" (Correction Law § 751). The conviction at issue occurred during Hodge's employment and…”
McComb v. Div. of Licensing Servs., 175 A.D.2d 670 (N.Y. App. Div. 1991). “Memorandum: We find that respondent’s denial of petitioner’s application for a real estate broker’s license was mandated by law (Real Property Law § 440-a), and that, in the circumstances of this case, the protections of article 23-A of the Correction Law are unavailable to…”
Sassi v. Mobile Life Support Servs. (NY 2021). · cites it 2× “Correction Law § 751 broadly states that article 23-A applies to “any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction.”
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