Signed into law in 2024 and effective March 22, 2025, New York State’s Senate Bill 940 limits the mandatory disclosure of criminal history records. Under the new law, all employers and educational institutions are prohibited from requiring individuals to provide copies of their criminal records, reinforcing fair hiring practices and ensuring compliance with Article 23-A of the Correction Law.
The bill also establishes a rebuttable presumption that employers who evaluate applicants based on legally outlined criteria are not negligent in their hiring decisions.
Next Steps for Employers
Employers must ensure they do not ask applicants or employees to obtain their own criminal records for employment purposes, as these records may contain information that employers are legally prohibited from considering. This change reinforces that employers cannot require individuals to disclose confidential records.
To maintain compliance, employers should review and, if necessary, update their hiring practices and policies accordingly.
