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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

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  • Unemployment Insurance Appeal Board affirms administrative law Judge's decision on claimant's eligibility to receive unemployment insurance benefits after employment was terminated based on criminal conviction 6-10 years prior (ALJ Case No. 308-04038) (2008)

  • 01 OCFS LCM 11 - Attachment D: Guide to Reviewing Enrollment Form for Providers of Legally-Exempt Group Child Care

  • 01 OCFS LCM 11 - Attachment H: List of Crimes Against Children and Violent and Other Serious Crimes

  • 01 OCFS LCM 11 - Revised Health and Safety Requirements for Legally Exempt Family Child Care, Legally Exempt In-Home and Group Child Care Providers

  • 2006 New York State Occupational Licensing Survey (Legal Action Center)

  • [Acosta v. DOE] Brief in Support of Reversing Department of Education Application of Article 23-A and Court's Denial of Petitioner's Article 78 Challenge (2008)

  • [Acosta v. DOE] NY Court of Appeals Affirms Appellate Division's Decision in Reversing Department of Education Application of Article 23-A (2011)

  • [Article 78 v. DOE] NYC Supreme Court Finds DOE Denial of School Aid Application Based on Single Felony Conviction Arbitrary and Capricious (2009)

  • [Article 78 v. DOE] NYC Supreme Court, Petition to Review DOE's Denial of Employment Based on a 1984 Conviction (2008)

  • [Article 78 v. DOE] Petition to Review Decision by OASAS for Denying License to be a Substance Abuse Counselor Solely Based on Criminal Record (2007)

  • [Article 78 v. DOE] Petition to Review DOE's Denial of Certification as School Bus Drivers Based on Past Convictions Not Related to the Employment (2006)

  • [Article 78 v. OMH] Petition to Review Decision by OMH Disqualifying Plaintiff from Employment Due to Conviction History (2007)

  • [Article 78 v. OMRDD] NY State Supreme Court Decision Finds OMRDD Denial of Employment to be Arbitrary and Capricious (2008)

  • [Article 78 v. OMRDD] Petition in to Review Decision by OMRDD's Denial of Employment of Applicant with Misdemeanor Conviction & CRD (2006)

  • [Branch v. DOE] First Department Remands DOE's Rejection of Certification for Bus Driver/Escort Based on Criminal Conviction (2010)

  • [Branch v. DOE] NY State Supreme Court Upholds Due Process for DOE Certification Applicants With Criminal Records (2007)

  • [Dempsey v. DOE] NYC Supreme Court Reverses DOE's Denial of Certification for School Bus Driver Citing the Determination as Arbitrary and Capricious (2012)

  • [Hollingshed v. New York State] NY Supreme Court Rejects Denial of Employment by OMRDD & New York Law Journal Article About the Decision (2008)

  • A Worker's Guide to the Transportation Worker Identification Credential (TWIC) Application, Appeal and Waiver Process

  • A.G. Schneiderman Announces Agreement With Party City To End Discrimination In Hiring Based On Criminal Records (2014)

  • ABA Criminal Justice Standards on Collateral Sanctions and Discretionary Disqualification of Convicted Persons

  • Administrative Directive 05-OCFS-ADM-03 Re: Child Care Subsidy Program

  • Affadavit in Support of Re-Application for Certificate of Relief from Disabilities Where Applicant was Originally Denied Based on Outstanding Restitution Debt (Monroe County Legal Assistance Center)

  • After Prison: Roadblocks to Reentry: A Report on State Legal Barriers Facing People with Criminal Records

  • Appendix E-8: Additional Local Standards for Child Care Providers - New York City (Administrative Component - Department of Social Services 2004 Child Care Plan)

  • Application for Certificate of Relief from Disabilities or Good Conduct (Use to apply with New York State Division of Corrections & Community Supervision (DOCCS))

  • Assisting New York Small Claims Court Plaintiffs: A Guide for Worker Advocates

  • Caught in the Net: The Impact of Drug Policies on Women and Families

  • Center for Employment Opportunities: Do's and Dont's of Job Development

  • Center for Employment Opportunities: Sample Pitch for Employers

  • Certificate of Relief from Disabilities - Certificate to be Signed by Sentencing Judge (New York State Unified Court System)

  • Certificates of Rehabilitation 2004 Policy Summary

  • Certificates of Rehabilitation Briefing Paper

  • Certificates of Relief from Disability & Certificates of Good Conduct (Reentry Net Powerpoint Presentation)

  • Certificates of Relief, Good Conduct, and Disposition (Community Service Society)

  • Certificates That Demonstrate Rehabilitation: Why They Are So Important and How to Get Them (The Bronx Defenders)

  • Certificates That Promote Rehabilitation: Why They Are So Important and How to Get Them (The Bronx Defenders)

  • Character Letter for Applicant for Nursing License (Center for Community Alternatives)

  • Child Support & Reentry (Overview Presentation, The Bronx Defenders)

  • Clearing Your Name: A Step-by-Step Guide Through the New York State Central Register of Child Abuse & Maltreatment

  • Complaint (Supreme Court) - Employment Denial by Nursing Home in Violation of Human Rights and Consumer Protection Laws (Monroe County Legal Assistance Center)

  • Complaint (Supreme Court) - Refusal to Hire Applicant for Job as Licensed Practice Nurse on the Basis of Criminal Convictions (Empire Justice Center) (2006)

  • Complaint in Johnson v. Kroll Background America, Inc. (Community Legal Services)

  • Consequences of Criminal Proceedings in New York State, April 2015 (The Bronx Defenders)

  • CRD Can Be Granted for Violation Conviction: Sample letter to Court Clerk (The Bronx Defenders)

  • Criminal Background Checks: What are your Rights? (National HIRE Network)

  • Decision and Order to seal violation conviction after client failed to pay imposed fine but was sentenced to and served a jail alternative

  • Defender Toolkit & Padilla Compliance Guide: Using Knowledge of “Enmeshed Penalties” (or Collateral Consequences) to Get Better Results in the Criminal Case (The Bronx Defenders)

  • Dept of Health - 10 NYCRR § 400.23 (2006) Criminal History Record Check for Certain Applicants For Employment In Certain Health Care Facilities and Programs

  • Dept of Health - Guidelines for NYS DOH Criminal History Record Checks (CHRC) Program

  • DoE Policy for Arrested Employees (New York City Department of Education)

  • Eligibility Restrictions for the U.S. Coast Guard

  • Employment Discrimination Fact Sheet for Workers (National Employment Law Center)

  • Enhancing Employment Opportunities for Previously Incarcerated (New York City Bar Association Task Force on Employment Opportunities)

  • From Hard Time to Full Time: Strategies to Help Move Ex-Offenders from Welfare to Work (US Department of Labor)

  • General Letter Explaining Protections for Job-Seekers with Criminal Records (The Bronx Defenders / Legal Action Center)

  • Going to Work With a Criminal Record (Public/Private Ventures (P/PV))

  • Granted Clayton Motion for Veteran (The Bronx Defenders) (2013)

  • Holistic Is Not a Bad Word: A Criminal Defense Attorney's Guide to Using Invisible Punishments As An Advocacy Strategy

  • Know Your Rights to the Transportation Security Administration's New Criminal Background Checks of Hazmat Drivers and Port Workers (NELP)

  • Know Your Rights to the Transportation Security Administration's New Criminal Background Checks of Hazmat Drivers and Port Workers II (NELP)

  • Legislative History of Article 23A and Certificates of Good Conduct of NYS Corrections Law

  • Letter for Challenge to Termination Based on Discovery of a Criminal Record (Legal Action Center)

  • Letter Re: Illegal Employment Denial Based on Violation Conviction (The Bronx Defenders)

  • Letter Re: Job Advertisement that Specified Against Applicants with Criminal History (Legal Action Center)

  • Letter Re: Job Interview/Application that Illegally Asked about Arrests (Legal Action Center)

  • Letter Requesting Reason for Job Denial and Copy of Background Report (Legal Action Center)

  • Letter to City Agency Re: Denial of Job or Suspension Based on ACD (The Bronx Defenders)

  • Letter to Division of Licensing Services Stating Charges have Been Dismissed and Sealed

  • Letter to DOE Appealing Termination Based on Old Criminal Record (Legal Action Center)

  • Letter to Employer Explaining Significance of Certificate of Relief from Disabilities (Center for Community Alternatives)

  • Letter to National Association of Professional Background Screeners Re: Illegal for Credit Reporting Agencies to Maintain and Report on Violations (Legal Action Center)

  • Letter to NYS Department of State Stating License Still Valid Post-Arrest

  • List of NYC Newspapers Designated to Publish Legal Notices Including Name Changes (Housing Works, 2006)

  • Memorandum of Law on Change of Venue and in Response to Respondent’s Answer in Article 78 Proceeding to Review Employment Disqualification by OHM (Community Service Society Legal Dept.)

  • Motion to Renew and Reargue Previous Application for Certificate of Relief from Disabilities Pursuant to CPLR 2221 (Monroe County Legal Assistance Center)

  • New York Attorney General Settlement Agreement with Choicepoint for Unlawfully Aiding Employers in New York State Who Exclude Job Applicants Based on Criminal Records (Office of the Attorney General of New York State)

  • New York Attorney General Settlement Agreement with Radio Shack for Unlawful Discrimination Against Job Applicants with Criminal Records (The Office of the Attorney General of the State of New York)

  • New York Correction Law Article 23 -- Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law

  • New York State Corrections Law Article 23-A: "Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses

  • New York State Division of Human Rights Employment Discrimination Complaint (Monroe County Legal Assistance Center)

  • New York State Supreme Court Decision Orders Proper Consideration of Certificate of Relief on Employment Application by the New York Police Department

  • Notice of Motion to Renew and Reargue Previous Application for Certificate of Relief from Disability (Monroe County Legal Assistance Center)

  • NYC Civil Court Name Change Order Form (Urban Justice Center, 2005)

  • NYC Civil Court Name Change Petition (Urban Justice Center, 2005)

  • OMRDD - Criminal History Record Check Statutes Covering Employees Providing Mental Health Services in New York

  • OMRDD Emergency Regulations on Criminal History Record Checks

  • Open Letter from the NuLeadership Policy Group

  • OSPRA Appeals Hearing Overturns Denial of Clearance of Employment based on Criminal Convictions (Monroe County Legal Assistance Center)

  • Padilla Checklist for Judges: Proper Consideration of “Enmeshed Penalties” (or Collateral Consequences) in a Criminal Case (The Bronx Defenders - Updated December 2010)

  • Powerpoint Presentation on Employment Law & Criminal Records in New York 2010

  • Proposed Amendment to Criminal Procedure Law § 160.60 To Correct Unforeseen Gaps in Sealing Law Protections

  • Rebuttal to Division of Human Rights Private Employment Discrimination Matter (Monroe County Legal Assistance Center)

  • Reentry Law Project: Small Business Toolkit (City Bar Justice Center)

  • Reference Chart for Healthcare Agency Criminal History Background Checks for Applicants for Employment in Home Health Care (Legal Action Center)

  • Request form for replacement lost CRD or CGC originally issued by the Division of Parole (The Bronx Defenders)

  • Response Letter with Information re: Open Case and Criminal Charges (The Bronx Defenders)

  • Sample Background Report Dispute Letter (Legal Action Center)

  • Sample DCJS Rap Sheets and Rap Sheet Errors (The Bronx Defenders and Legal Action Center)

  • Sample Memo: Does claimant’s failure to disclose her arrest information from a 2000 criminal accusation that was terminated in her favor and subsequently sealed pursuant to CPL 160.50 constituted misconduct and therefore disqualifies her from New York State Unemployment Insurance? (Monroe County Legal Assistance Center)

  • Sealing Criminal Records: How to Review a Rap Sheet for Errors (The Bronx Defenders)

  • Second Chance Act of 2004: Full text of HR 4676

  • Second Chance Act of 2005: Full text of HR 1704

  • Selected State Provisions regarding Appeal Procedures from Criminal-Record Based Occupational Restriction (Western Massachusetts Legal Services)

  • Services & Opportunities Flyer (Queers for Economic Justice)

  • Smart Solutions: Individuals with Criminal Histories: A Potential Untapped Resource (Legal Action Center / Urban Institute)

  • Stipulation & Consent Order Reversing Denial of Petitioner's Eligibility for Employment by OMRDD in Monroe County (Supreme Court of the State of New York, County of Monroe)

  • The Prime Objective: A Guide to Preparing the Job-Seeking Ex-Offender (NYS Department of Labor)

  • Third Circuit Trial Court Order in El vs. SEPTA,

  • Training Manual: Obtaining New and Replacement Documents (The Door Legal Services / Chadbourne & Parke LLP, 2005)

  • Transportation Security Administration Final Rule on Transportation Worker Identification Credential (TWIC) for Hazmat Drivers and Port Workers (TSA)

  • Unemployment Insurance Appeal Board Decision confirming claimant was separated from employment under non-disqualifying circumsntaces (as a result of a sealed ACD appearing on a background check) (2006)

  • Unemployment Insurance Appeal Board Finds that Claimant's Failure to Disclose Misdemeanor Conviction Was Not a Misconduct (2010)

  • Unemployment Insurance Appeal Board reverses administrative law Judge's decision on claimant's eligibility to receive unemployment insurance benefits after employment was terminated based on B-misdemeanor conviction two years prior (ALJ Case No. 308-01502) (2009)

  • US Navy and Marine Corps: Criminal History Disqualifications

  • Using Consumer Law to Combat Criminal Record Barriers to Employment and Housing Opportunity (Journal of Poverty Law and Policy)

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