New York Consolidated Laws

N.Y. Correction Law § 753 (2026)

Factors to be considered concerning a previous criminal conviction; presumption

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 84 cases (11 in the last 5 years), 1986–2026 · leading case: Arrocha v. Bd. of Educ., 712 N.E.2d 669 (NY 1999).

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Arrocha v. Bd. of Educ., 712 N.E.2d 669 (NY 1999). · cites it 13× “Thus, Correction Law § 753 sets forth a series of eight factors to be considered by the Board in determining whether, under section 752 (2), it would pose an unreasonable risk to issue a license (see, Correction Law § 753 [1]; Matter of Bonacorsa v Van Lindt, supra, at 613).”

Trathony Griffin Et Al., Appellants, v. Sirva, Inc., Et Al., Respondents, 76 N.E.3d 1063 (NY 2017). · cites it 6× “To determine whether either exception applies, "the public agency or private employer" shall consider eight enumerated factors (Correction Law § 753 [1] [emphasis added]).”

Matter of Luther Dempsey v. New York City Dep't of Educ., 33 N.E.3d 485 (NY 2015). · cites it 12× “The Appellate Division held that "[t]he DOE's May 4, 2011 determination that petitioner's prior drug-related convictions as an adult bore on his fitness and/or ability to perform his school bus duties was rationally based, and it shows DOE gave due consideration to the relevant…”

Acosta v. New York City Dep't of Educ., 946 N.E.2d 731 (NY 2011). · cites it 6× “, 93 NY2d 361, 364 [1999] [“the Board must consider” (emphasis added) the Correction Law § 753 (1) factors]). II. When petitioner was 17 years old, she was convicted of the serious crime of first degree robbery.”

Bonacorsa v. Van Lindt, 523 N.E.2d 806 (NY 1988). · cites it 5× “Disposition of the appeal requires us to interpret the provisions of Correction Law § 753, 1 as they apply to *609 section 752.”

Mandala v. NTT Data, Inc., 975 F.3d 202 (2d Cir. 2020). “N.Y. Correct. Law § 753 (McKinney 2019); see also N.”

Boone v. New York City Dep't of Educ., 53 Misc. 3d 380 (N.Y. Sup. Ct. 2016). · cites it 17× “DOE posits that after conducting a thorough review of petitioner’s background, and taking into account the factors set forth in Correction Law § 753, as well as petitioner’s submission of her certificate of relief from disabilities (CRD) accompanied by references, it was…”

Matter of Streety v. Annucci, 2022 NY Slip Op 02170 (N.Y. App. Div. 2022). · cites it 7× “Petitioner argues that DOCCS's determination was arbitrary and capricious in that it failed to consider the factors set forth in Correction Law § 753 and, moreover, that its denial of his application as inconsistent with the public interest is not supported by a rational basis…”

Griffin v. Sirva Inc., 835 F.3d 283 (2d Cir. 2016). “N.Y. Correct. Law § 753 (2) (emphasis added).”

Gallo v. State, 37 A.D.3d 984 (N.Y. App. Div. 2007). · cites it 3× “” Correction Law § 753, which is part of article 23-A, contains eight factors which a public agency shall consider in making a determination pursuant to Correction Law § 752 concerning licensure or employment of any individual with a criminal conviction.”

Richard P. Hobbs v. Cnty. of Westchester & Mr. Montalto, Dir. of Playland Amusement Park, 397 F.3d 133 (2d Cir. 2005). “) This letter stated that Montalto had taken into account the factors listed in N.Y. Correction Law § 753 (entitled “Factors to be considered concerning a previous criminal conviction”), and had concluded that Hobbs should be denied a permit in light of “the direct relationship…”

Boatman v. New York State Dep't of Educ., 72 A.D.3d 1467 (N.Y. App. Div. 2010). · cites it 3× “In making a determination pursuant to Correction Law § 752, the public agency must consider the eight enumerated factors set forth in Correction Law § 753 (1), together with any “certificate of relief from disabilities or a certificate of good conduct issued to the applicant,…”

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— N.Y. Correction Law § 753(1) — 2 cases

Stephenson v. United States, 139 F. Supp. 3d 566 (E.D.N.Y 2015).

Matter of Jones v. New York City Tr. Auth., 2021 NY Slip Op 03148 (N.Y. App. Div. 2021).

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