The amendments, signed into law late last year, represent one of the most progressive shifts in labor policy in the city’s history. For advocates, it’s a long-overdue correction that will unlock the workforce for thousands. For business owners, it’s a compliance minefield that demands immediate attention.
The Key Changes The updates focus on two major areas: the “lookback period” and the type of offenses considered.
- The 4-Year Rule: Previously, employers could look back seven years into a candidate’s criminal history. That window has now been slashed to four years for misdemeanors. If a candidate’s misdemeanor conviction is older than four years, it is now legally invisible during the hiring process.
- Summary Offenses Banned: Employers are now explicitly prohibited from considering “summary offenses”—minor infractions like disorderly conduct or loitering—at any stage of the hiring process.
- Individualized Assessment: If a background check does flag a relevant conviction, employers cannot issue a blanket rejection. They must conduct (and document) an “individualized assessment” to determine if the specific offense poses an “unacceptable risk” to the business.
The Advocacy View: “A lifeline for thousands” “This isn’t just about being nice; it’s about economics,” says Marcus Tyrell, a case manager at The Reentry Project, a local nonprofit. “We have guys who made a mistake five years ago, have been clean ever since, but couldn’t get a job stocking shelves because a background check flagged a minor misdemeanor. This law changes their lives overnight.”
Tyrell notes that with the 2026 tourism boom creating a massive demand for hospitality and service workers, the city cannot afford to leave able-bodied people on the sidelines. “We need workers. These are workers. It’s a win-win.”…