NY A03344

Prohibits employers, employment agencies, and their agents from making inquiries or statements about arrest records or conviction records during the job application and interview process.

Defines "inquiry" to include written or oral questions to applicants and searches of publicly available records or consumer reports for criminal background information.

Applicants are not required to respond to prohibited inquiries, and refusing to answer cannot disqualify them from employment consideration.

Allows criminal background checks only after a job offer is extended, and requires employers to provide written explanation with a copy of the background report if they revoke an offer based on criminal history.

Provides applicants five business days to respond to background reports if a job offer is revoked, and exempts inquiries required by state, federal, or local law.