THE DAILY SURVIVAL BRIEF • SEPTEMBER 28, 2026

In NYC, “Tell Us About Your Record” Usually Comes After the Job Offer

For most NYC jobs, an employer cannot begin the interview with, “So, have you ever committed a felony?” This is excellent news for applicants and disappointing news for extremely nosy managers.

Under New York City’s Fair Chance Act, most employers cannot ask about a job applicant’s criminal record, search for that information, or request authorization for a criminal-background check before making a conditional employment offer. Job advertisements and applications generally cannot say that people with criminal histories will not be considered.

After a conditional offer, an employer may conduct a permitted background check. However, discovering a conviction does not automatically end the process. Before withdrawing an offer based on criminal history, a covered employer generally must provide the applicant with its background information and written Fair Chance Analysis, then allow at least five business days for a response.

That response period lets applicants identify report errors, explain circumstances, and provide evidence such as rehabilitation, employment history, education, or recommendations. Some jobs are exempt because another law requires a check or prohibits certain convictions, so this is a protection—not an invisibility cloak.

Sources: NYC Commission on Human Rights—Fair Chance Act, Employee Fact Sheet, and Legal Guidance, checked September 28, 2026.