New York Consolidated Laws

N.Y. Correction Law § 752 (2026)

Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited

✓ current as of May 2026

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§ 752. Unfair discrimination against persons previously convicted of
one or more criminal offenses prohibited. No application for any license
or employment, and no employment or license held by an individual, to
which the provisions of this article are applicable, shall be denied or
acted upon adversely by reason of the individual's having been
previously convicted of one or more criminal offenses, or by reason of a
finding of lack of "good moral character" when such finding is based
upon the fact that the individual has previously been convicted of one
or more criminal offenses, unless:
  (1) there is a direct relationship between one or more of the previous
criminal offenses and the specific license or employment sought or held
by the individual; or
  (2) the issuance or continuation of the license or the granting or
continuation of the employment would involve an unreasonable risk to
property or to the safety or welfare of specific individuals or the
general public.

Notes of Decisions

Cited in 122 cases (19 in the last 5 years), 1979–2026 · 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 12× “35 [negligent hiring claims] if after learning about an applicant or employee's past criminal conviction history, such employer has evaluated the factors set forth in [Correction Law § 752], and made a reasonable, good faith determination that such factors militate in favor of…”

Matter of Luther Dempsey v. New York City Dep't of Educ., 33 N.E.3d 485 (NY 2015). · cites it 9× “Petitioner alleged that DOE had violated Correction Law §§ 752 and 753, Executive Law § 296 (15), and New York City Administrative Code § 8-107 (10).”

Bonacorsa v. Van Lindt, 523 N.E.2d 806 (NY 1988). · cites it 5× “The Board contends that its action was authorized by an exception to the statute permitting denial in cases in which there is a direct relationship between petitioner’s convictions and the license he seeks (Correction Law § 752 [1]). Disposition of the appeal requires us to…”

Griffin v. Sirva Inc., 835 F.3d 283 (2d Cir. 2016). · cites it 2× “2d 731 (2011) (quoting N.Y. Correct. Law § 752 ). “This general bar was enacted to further certain goals that the Legislature has identified as among the ‘general purposes’ of the Penal Law, hamely, ‘the rehabilitation of those convicted’ and ‘the promotion of their successful…”

Arrocha v. Bd. of Educ., 712 N.E.2d 669 (NY 1999). · cites it 4× “The Board nevertheless denied petitioner’s application, stating that his conviction “is serious in nature” and that the granting of employment “would pose a risk to the safety and welfare of the student population and Board of Education employees” (see, Correction Law § 752…”

Acosta v. New York City Dep't of Educ., 946 N.E.2d 731 (NY 2011). · cites it 4× “As a general matter, it is unlawful in this state for any public or private employer to deny any license or employment application “by reason of the individual’s having been previously convicted of one or more criminal offenses” (Correction Law § 752; see Executive Law § 296…”

Nieblas-Love v. New York City Hous. Auth., 165 F. Supp. 3d 51 (S.D.N.Y. 2016). “” N.Y. Corr. Law § 752 ; see also id. § 753 (enumerating factors that an employer shall consider in determining a “direct relationship” exists).”

Mandala v. NTT Data, Inc., 975 F.3d 202 (2d Cir. 2020). “N.Y. Correct. Law § 752 (McKinney 2019). In making this determination, the employer "shall consider," inter alia, the "bearing, if any," the offense will have on the applicant's fitness or ability to perform his duties, the time elapsed since the conviction, the applicant's age…”

Boatman v. New York State Dep't of Educ., 72 A.D.3d 1467 (N.Y. App. Div. 2010). · cites it 5× “In rendering a determination to either grant or deny clearance for employment, the Department must apply the standards and factors for the granting or denial of a license or employment application set forth in Correction Law §§ 752 and 753 (see Education Law § 3035 [3] [a]; 8…”

Whitfield v. City of New York, 96 F.4th 504 (2d Cir. 2024). “3d 291, 298 (2015); see N.Y. Corr. L. § 752 . Section 755 of the Correction Law provides in pertinent part: “In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy-eight of the [CPLR].”

Richard P. Hobbs v. Cnty. of Westchester & Mr. Montalto, Dir. of Playland Amusement Park, 397 F.3d 133 (2d Cir. 2005). “er alia, that Playland in its entirety is a nonpublic forum because the County operates it in a proprietary capacity, and (b) that the state-law provisions authorizing the denial of an employment license to a convicted criminal where granting such license would “involve an…”

Matter of Gonzalez v. Annucci, 32 N.Y.3d 461 (NY 2018). “Correction Law § 752; Executive Law § 296 [15]-[16]).”

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— N.Y. Correction Law § 752(2) — 1 case

Soto-Lopez v. New York City Civil Serv. Comm'n, 713 F. Supp. 677 (S.D.N.Y. 1989).

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