N.Y. COR Law § 753

§ 753. Factors to be considered concerning a previous criminal\nconviction; presumption. 1. In making a determination pursuant to\nsection seven hundred fifty-two of this chapter, the public agency or\nprivate employer shall consider the following factors:\n (a) The public policy of this state, as expressed in this act, to\nencourage the licensure and employment of persons previously convicted\nof one or more criminal offenses.\n (b) The specific duties and responsibilities necessarily related to\nthe license or employment sought or held by the person.\n (c) The bearing, if any, the criminal offense or offenses for which\nthe person was previously convicted will have on his fitness or ability\nto perform one or more such duties or responsibilities.\n (d) The time which has elapsed since the occurrence of the criminal\noffense or offenses.\n (e) The age of the person at the time of occurrence of the criminal\noffense or offenses.\n (f) The seriousness of the offense or offenses.\n (g) Any information produced by the person, or produced on his behalf,\nin regard to his rehabilitation and good conduct.\n (h) The legitimate interest of the public agency or private employer\nin protecting property, and the safety and welfare of specific\nindividuals or the general public.\n 2. In making a determination pursuant to section seven hundred\nfifty-two of this chapter, the public agency or private employer shall\nalso give consideration to a certificate of relief from disabilities or\na certificate of good conduct issued to the applicant, which certificate\nshall create a presumption of rehabilitation in regard to the offense or\noffenses specified therein.\n