Beginning March 22, 2025, employers of all sizes will be prohibited from requiring an applicant or employee to provide a copy of their criminal history record obtained under the rules and regulations of the New York State Division of Criminal Justice Services (DCJS).

This new protection essentially closes a loophole that allowed employers to bypass restrictions on criminal history inquiries by requesting applicants and employees to obtain their own DCJS records, which contain information that employers are prohibited from considering. This change makes it clear that employers can’t require applicants and employees to provide these confidential records.

Employers should review and, if necessary, update their hiring practices and policies to comply with this change by March 22.