New York Sex Offenders Face Possible Employment Restrictions

The New York legislative body considered several bills that attempted to prevent registered sex offenders from obtaining employment in the state. Although none have passed, with the number of bills introduced this legislative session it is possible similar bills will be introduced in the future that severely hinder a sex offender's ability to find work.

Jobs Involving Substantial Contact with Children

The New York state Senate passed a bill restricting employers from hiring sex offenders to jobs with substantial contact with children under 16 by a 61-0 vote. However, the New York state Assembly did not vote on the measure, as it remained in committee until the end of the legislative session.

Another bill passed in the Senate would restrict employers from hiring sex offenders to positions with access to residential living spaces. This would preclude sex offenders from obtaining positions such as a building superintendent, maintenance worker and home or assisted living health aide.

Current law forbids sex offenders from driving an ice cream truck. Additionally, by law many public positions, such as school employees, require a background check. If an applicant was convicted of a sex crime, they are prohibited from obtaining that position.

Greater Access to Sex Offender Records

Megan's Law currently enables companies to discover sex offenders in background checks for level 2 (medium-risk) and level 3 (high-risk) sex offenders. Another bill introduced in the Assembly attempted to allow background checks for low-risk offenders, and for any offender who was convicted of a sex crime before 1996 (when Megan's Law was passed).

One more bill, introduced in the Senate, would increase penalties for sex offenders who do not provide a DNA sample and do not register as a sex offender. The bill attempted to make this failure to register a Class E felony.

In addition to work restrictions, certain sex offenders are prevented from living in certain areas, such as near schools. This can also affect employment opportunities if the offender cannot live near a possible place of employment.

Contact a Criminal Defense Attorney

These bills are the latest attempt to limit the work ability for those convicted of sex crimes. If you have been accused of a sex crime, the penalties you face are severe. Difficulties in getting a job and the social stigma attached to registering as a sex offender make life difficult. When faced with such serious charges, it is important to have an experienced criminal defense attorney who can fight for your rights in court.