GETTING TO WORK WITH A CRIMINAL RECORD: NEW YORK STATE LICENSE GUIDES 2020 EXPANDED EDITION TABLE OF CONTENTS INTRODUCTION ABOUT THE GUIDES ABOUT THE INSTITUTE FOR JUSTICE AND OPPORTUNITY ACKNOWLEDGEMENTS LICENSE GUIDES BARBER OPERATOR LICENSED SOCIAL WORKER LMSW & LCSW BUS DRIVER PASSENGER & SCHOOL BUS LICENSED PRACTICAL NURSE LPN CERTIFIED NURSE AIDE CNA NOTARY PUBLIC CERTIFIED PUBLIC ACCOUNTANT NURSE PRACTITIONER NP CHAUFFEUR TAXI/UBER/LYFT DRIVER OCCUPATIONAL THERAPIST CHILDCARE/DAYCARE EMPLOYEE OPTOMETRIST COSMETOLOGIST PHYSICAL THERAPIST DENTAL HYGIENIST PHYSICIAN ASSISTANT PA ELECTRICIAN NYC-SPECIFIC RADIOLOGICAL TECHNOLOGIST EMERGENCY MEDICAL SERVICES REAL ESTATE SALESPERSON AND BROKER EMT/CERTIFIED FIRST RESPONDER REGISTERED PROFESSIONAL NURSE RN FIREFIGHTER NYC-SPECIFIC SECURITY GUARD LAWYER TEACHER CERTIFICATES OF REHABILITATION GUIDE GLOSSARY RESOURCES GETTING TO WORK WITH A CRIMINAL RECORD TABLE OF CONTENTS JUNE 2020 INTRODUCTION ABOUT THE GUIDES WHAT ARE THE NEW YORK STATE LICENSE GUIDES? The New York State License Guides explain the process for obtaining licenses in 25, high-demand occupations and professions for people who have conviction records. These guides aim to dispel the myths and misinformation that may discourage people with convictions from pursuing employment and career pathways that are actually available to them. There is a common misconception that a conviction record makes licensing impossible; in fact, 86 percent of people with conviction records who applied for New York State occupational licensing in 2018 were approved.1 Too often, workforce development professionals, academic advisors, and other gatekeepers make choices that immediately diminish economic opportunity; they may channel job seekers with conviction records into particular job tracks, or they may not propose or approve internships and field placements. These guides are intended to encourage workforce professionals and other gatekeepers to support people with convictions in pursuing the jobs and careers they seek. They also offer guidance to help determine when barriers really do exist, and whether it’s possible to overcome them. These guides update and expand our first edition released in 2018, which included 10 occupations. We selected an additional 15 occupations and professions based on interest from people with conviction records and input from many professionals in the work- force development field, and by evaluating labor market data to determine growing sectors and jobs that have licensure restrictions. WHO CAN USE THE GUIDES? These guides are designed specifically for: 1 Anyone with a conviction record who is 2 Workforce development providers, 3 Lawyers and other human services interested in pursuing a license in any academic advisors, faculty, and other providers who are seeking quick of the 25, high-demand occupations human service professionals who help answers for their clients. and professions. people find jobs and explore education and career options. WHAT IS AN OCCUPATIONAL OR PROFESSIONAL LICENSE? Some jobs require an occupational or professional license before you can start working. These licenses let employers and customers know that you have permission from New York State to be employed in that position. Different government agencies issue licenses; the licensing agencies and their procedures are explained in these guides. Because some occupational and professional licenses require significant time and money, it is helpful to review any conviction record restrictions before enrolling in training programs or paying application fees. HOW DOES LICENSING WORK? Just as a driver’s license gives you the right to drive but doesn’t give you a car, an occupational or professional license gives you permission to find work in a particular field but does not guarantee you a job. Employers may still deny you a job based on your conviction record, even if you have a license. However, most employers may not have blanket restrictions on hiring people with conviction records, and they must follow New York State law to ensure they are not illegally discriminating against applicants with records. This law, called “Article 23-A,” is discussed in depth in these guides and in the Glossary. In addition, most employers in New York City must follow the Fair Chance Act, which has additional rules about how employers must consider applicants with conviction histories. 1 New York State Council on Community Re-entry and Reintegration. “Reducing Barriers for New Yorkers with Criminal Convictions.” See ny.gov/criminal-justice-reform/new-york-state-council-community-re-entry-and-reintegration GETTING TO WORK WITH A CRIMINAL RECORD INTRODUCTION JUNE 2020 ABOUT THE INSTITUTE FOR JUSTICE AND OPPORTUNITY The Institute for Justice and Opportunity at John Jay College of Criminal Justice (the Institute) is committed to addressing systemic workforce barriers and creating opportunity for people with convictions. Founded in 2005 as the Prisoner Reentry Institute, we changed our name to the Institute for Justice and Opportunity in 2020. Our new name recognizes the power of language and better reflects our values and our mission – to create opportunities for people to live successfully in the community after involvement with the criminal legal system by addressing structural racial and economic inequalities. We focus much of our work on increasing access to higher education and career pathways for people with conviction histories. Our comprehensive approach includes direct service, research, technical assistance, and policy advocacy. ACKNOWLEDGEMENTS The Institute would like to express our sincere gratitude to the NYC Mayor’s Office for Economic Opportunity and the Young Men’s Initiative for their commitment to this project and to creating opportunity for individuals with convictions. In particular, we would like to thank Carson Hicks, Ph.D., Deputy Executive Director, and Parker Krasney, Assistant Director of Programs and Partnerships, at the Mayor’s Office for Economic Opportunity. We would especially like to thank the Legal Action Center (LAC) for their work creating the legal content of the new edition of guides, and specifically Sally Friedman, Vice President of Legal Advocacy; Rebekah Joab, Staff Attorney; and Colleen McCormack- Maitland, Senior Staff Attorney for Legal Services. LAC is the only non-profit law and policy organization in the United States whose sole mission is to fight discrimination against people with histories of addiction, HIV/AIDS, or criminal records, and to advocate for sound public policies in these areas. Since being founded in 1973, LAC has worked to guard the civil rights and civil liberties of those they serve and dismantle systemic, discriminatory barriers. To accomplish this work, LAC provides direct legal services to impacted individuals and technical assistance to providers, brings civil litigation, engages in policy reform and coalition building, provides trainings and educational materials for impacted communities, and more. LAC created the legal content for the following fifteen guides: Certified Public Accountant, Firefighter (NYC-Specific), Lawyer, Licensed Practical Nurse (LPN), Licensed Master Social Worker (LMSW) and Licensed Clinical Social Worker (LCSW), Notary Public, Nurse Practitioner, Occupational Therapist, Optometrist, Physical Therapist, Physician Assistant, Radiological Technologist, Real Estate Salesperson and Broker, Registered Professional Nurse (RN), and Teacher. We also wish to thank Youth Represent for their work on the first edition of the guides. Youth Represent created the legal content for the following ten guides in 2018, which have been updated for this 2020 edition: Barber Operator, Bus Driver (Passenger & School), Certified Nurse Aide (CNA), Childcare/Daycare Employee, Chauffeur (Taxi/Uber/Lyft Driver), Cosmetologist, Dental Hygienist, Electrician (NYC-Specific), Emergency Medical Services (EMT/Certified First Responder), Security Guard. From the Institute for Justice and Opportunity, we’d like to acknowledge Ann Jacobs, Executive Director; Alison Wilkey, Director of Public Policy; Zoë Johnson, Policy Coordinator; Tommasina Faratro, Special Projects Coordinator; Elena Sigman, Director of Collaborative Learning; Drew Oldfield, former Director of Career Pathways; and Antonia Salerno, Manager of College Initiative. We are so grateful to the second cohort of students in the Institute’s Navigator Certificate in Human Services & Community Justice program for their invaluable feedback on early editions of the guides. Finally, we thank MESH Design & Development for designing this edition of the guides, and specifically Kathryn Dreier, Liz Turner, and Megan Bullock. The NYS License Guides are for informational use only and cannot replace legal advice. Please talk to a lawyer for legal advice on your specific situation. GETTING TO WORK WITH A CRIMINAL RECORD INTRODUCTION JUNE 2020 BARBER OPERATOR1 HOW WILL A CRIMINAL RECORD AFFECT GETTING A LICENSE? SUMMARY OF GENERAL REQUIREMENTS The application asks if you have any criminal convictions (felonies and misdemeanors) and open criminal cases. This is a summary of certifi- cation requirements. Visit this There is no automatic disqualification for any conviction. website for information about You do NOT need to answer any questions or provide information about sealed misdemeanor all requirements: dos.ny.gov/ convictions, sealed felony convictions, youthful offender adjudications, juvenile delinquent licensing/barber/barbering.html adjudications,