New York Occupational Licensing Survey

Charged with a crime in New York? If you have, you might wonder if your job might be at stake. To help our readers and clients, we’ve compiled a list of job titles, possible criminal record restrictions, related restrictions, and any rights or appeals procedures. This information was developed from the Legal Action Center.

How to Use This Survey

The following instructions are from the Legal Action Center.

  1. The first column of the survey lists occupations in alphabetical order.
  2. The second column, “Agency,” provides the name of the city or state agency that issues that particular license.
  3. The third column lists any information found in the licensing statute concerning specific restrictions placed on individuals with criminal history records. The column specifies whether the restriction is mandatory (meaning that the licensing agency cannot issue a license to someone with this conviction), or discretionary.
  4. The fourth column describes the circumstances under which a bar may (or in some cases, must) be lifted, such as after passage of a certain amount of time, at the discretion of the licensing agency, or upon receipt of a pardon.
  5. The fifth column, “Related Restrictions or Requirements,” lists information about restrictions or requirements that may not bar an ex-offender from licensure but are likely to have some bearing on whether the licensure or certification will be issued.

If an applicant is denied a license based on criminal record, s/he may appeal the decision in one of several ways. Some licensing statutes have specific provisions for hearings, written appeals or court proceedings that an applicant may pursue.

For further information about a particular license, consult the issuing agency.

Occupation Agency Criminal Record Restrictions Removal of Criminal Restrictions Related Restrictions Rights and Appeal Procedures
1. Accountant State Ed Dept None Good moral character, ADBD -CPA: Educ L 7404(1) -Public: Educ L 7405(3) *Any information about criminal record referred to OPD for investigation and determination. Hearing Written appeal 8 NYCRR 28
2. Acupuncturist State Ed Dept None Good moral character, ADBD Educ L §6506 *Any information about criminal record referred to OPD for investigation and determination. Hearing Written appeal 8 NYCRR 28
3. Aircraft Operator Federal Aviation Administration Drug-related conviction renders one ineligible for license for 1 year and is grounds for suspension or revocation. Title 14 CFR 61.15 Become eligible for license one year after drug related offense. Title 14 CFR 61.15 Must have federal license GBL 241 N/A
4. Alcoholic Beverage Wholesaler/ Manufacturer/Retailer State Liquor Authority Mandatory bar for felonies and specific misdemeanors for licenses & employees. Applicant must disclose whether spouse has been convicted of crimes listed in §126. ABCL 110, 126, 3, 102 Bar for employees may be lifted by SLA permission, for employees & all others by pardon, C/GC, or C/R Fingerprinting Bonding Must disclose any pending criminal charges or convictions against applicant or applicant’s spouse unless acquitted, dismissed, pardoned, C/GC, or C/R ABCL 110 Apply for hearing & review of denial of application by SLA to SLA. Subject to review by Supreme Ct. ABCL 121, 54
5. Ambulance Driver SEE EMERGENCY MEDICAL TECHNICIAN
6. Animal Health Permit Dept of Agri & Mkts Discretionary- application may be denied or revoked if convicted of a felony. A&M L 90-e Good character and responsibility, ADBC A&M L 90-d Notice and hearing A&M L 90-e
7. Architect State Ed Dept None Good moral character, ADBD -CPA: Educ L §7304 *Any information about criminal record referred to OPD for investigation and determination. Hearing Written appeal 8 NYCRR 28
8. Attorney Committee on Character & Fitness of Applicants for Admission to the Ba None Good Moral Character CPLR §9404 N/A
Must obtain permission from appellate division in which had filed in order to refile application. CPLR §9405
9. Baby Chick Seller Dept of Agri & Mkts None None
A&M L §175-n
N/A
10. Bail Bondsman State Ins Dept Mandatory– applicant must not have been convicted of any offense involving moral turpitude or of any crime. Ins L §6802(g) Fingerprint Good Character & reputation Bonding Ins L §6802(g) Art. 78 CPLR Ins L §2124
11. Barber Dept of State Discretionary– license may be suspended or revoked for one year if convicted of crime or offense involving moral turpitude or for habitual substance abuse. GBL §441 N/A Good Moral Character GBL §434(B) Revocation Hearing
12. Barber Shop Owner Dept of State Discretionary– license may be suspended or revoked for one year if convicted of crime or offense involving moral turpitude or for habitual substance abuse. GBL §441 Good Moral Character GBL §438(3) Revocation Hearing
13. Beer Brewer/ Wholesaler SEE ALCOHOLIC BEVERAGE WHOLESALER
14. Bingo Distributor/ Operator State Racing & Wagering Bd NYC: Consumer Affairs Bar for conviction of any crime. Exec L §435(2)(c)(1) Bar may be lifted by pardon, C/GC, or C/R Exec L §435(2)(c)(1) Good Moral Character Exec L §435(2)(c)(2) Appeal to State Bingo Control Commission Exec L §435(1)(d)
15. Blasters (also: Lasers, Radiation & Crane Ops.) Dept of Labor NYC: Fire Dept None May require: Bonding Fingerprinting GBL §483 N/A
16. Boxer/Wrestler State Athletic Commission of Dept of State Discretionary– may refuse to issue or revoke if convicted of a crime or if consorting with anyone convicted of a crime. Uncon L §8917 Fingerprinting Uncon L §8911 Character & Fitness Uncon L §8912 N/A
17. Boxing/Wrestling: License to ALL Direct or Indirect Participants SEE BOXER/ WRESTLER N/A
18. Bus Driver Dept. of Motor Vehicles Mandatory– felony bar for certain sex offenses and for certain vehicular offenses. V&T L §509-C Bar may be waived if 5 years since release from sentence and (in case of felony) a C/R. V&T L §509-C None Art. 78 CPLR
V&T L §263
19. Chauffeur SEE TAXI DRIVER
20. Check Cashier State Banking Dept Discretionary– may be refused if convicted of a crime or if consorting with anyone who has been convicted of a crime.
Mandatory– must not have been convicted of a felony.
Banking L §369.6
Both bars may be lifted by reversal of conviction, pardon or C/GC.
Banking L §369.6
Character & fitness
Banking L §369.1
N/A
21. Chiropractor State Ed Dept None Good Moral Character, ADBD
Educ L §6554.
*Any information about criminal record referred to OPD for investigation and determination.
Hearing
Written appeal
8 NYCRR 28
22. Civil Service Employee of NYC NYC Dept of Citywide Admin Services None Satisfactory character and reputation
NYC Civil Service Rules & Regulations §3.2.6
23. Commercial Feed Mftr/ Distributor Dept of Agri & Mkts Discretionary– may be denied or revoked if convicted of felony.
A & M L §129
Bar may be lifted by pardon or by C/GC.
A & M L §129
Character & responsibility
A & M L §129
Notice and hearing
Art 78 CPLR
A & M L §129-a
24. Controlled Substance Mftr/Dist. Dept of Health None N/A Must submit affidavit if ever convicted of drug offense.
PHL §3312
Good Moral Character
PHL §3312
Within 30 days of denial of license may submit additional info or demand hearing
PHL §3313
25. Cosmetologist SEE HAIRDRESSER
26. Dental Hygienist State Ed Dept None Good Moral Character, ADBD
Educ L §6609
*Any information about criminal record referred to OPD for investigation and determination.
Hearing
Written appeal
8 NYCRR 28
27. Dentist State Ed Dept None Good Moral Character, ADBD
Educ L §6604
*Any information about criminal record referred to OPD for investigation and determination.
Hearing
Written appeal
8 NYCRR 28
28. Deputy Sheriff County Supervisor’s Office None Fingerprinting
County L §652
N/A
29. Dietician State Ed Dept None
Educ L §8004
None
Educ L §8004
N/A
30. Disposal Plant or Transportation Service Operator Dept of Agri & Mkts Discretionary– may be barred, suspended or revoked if convicted of a felony.
A & M L §96-z-3
Bar may be lifted by pardon or C/GC.
A & M L §96-z-3
Character, ADBC
A & M L §96-z-2
Notice and hearing Review if requested w/in 30 days of denial according to Art. 78 CPLR.
A & M L §96-z-4
31. Dog Owner Dept of Agri & Mkts None None
A & M L §109
N/A
32. Dry Milk Importer Dept of Agri & Mkts None
A & M L §258dd
Registration
1 NYCRR 13.2
N/A
33. Licensed Electrician Dept of Buildings Discretionary– may be suspended or revoked if convicted of a crime
NYC Admin Code §27-3016
Good Moral Character
NYC Admin Code §27-3010
Revocation hearing
NYC Admin Code §27-3016
34. Embalmer SEE FUNERAL DIRECTOR
35. Emergency Medical Technician State Emergency Medical Services Council Mandatory bar for (i) certain felonies (e.g. murder, theft, drug offenses, robbery) and (i) embezzlement.
PHL §3005(8)
Bar waived if conviction does not demonstrate present danger.
PHL §3005(8)
None
PHL §3005(5)
N/A
36. Employment Agency Operator Dept of Labor NYC: Consumer Affairs None Good Moral Character
May fingerprint
GBL §173, 174
N/A
37. Engineer State Ed Dept None Good Moral Character, ADBD
Educ L §7206
*Any information about criminal record referred to OPD for investigation and determination.
Hearing
Written appeal
8 NYCRR 28
38. Explosives Handler Commissioner of Dept of Labor Discretionary– may be denied or revoked if convicted of crime for which sentenced to serve one or more years in prison.
Labor L §459.1
Not confined as patient or inmate in institution for treatment of mental diseases
Reliable
Fingerprinting (may be waived if applicant has gun license)
Labor L §458(4) &(7), §459(1)
Hearing
Labor L §459.3
39. Farm Labor Contractor Div of Labor Standards of Dept of Labor Discretionary– may be denied or revoked if convicted of any crime or offense, except traffic violations.
Labor L §212-a
Fingerprinting
Labor L §212-a
Hearing
Labor L §213-a
40. Farm Products Dealer Dept of Agri & Mkts None Good Character
Bonding
A&M L 248
Art 78 CPLR
A&M L §250-h
41. Fertilizer Distributor Dept of Agri & Mkts None None
A&M L §146
N/A
42. Firearms Carrier Licensing Officer of City Mandatory denial of applicant for felony and serious offenses.
PL §400.00
Mandatory– automatic revocation if convicted of felony or serious offense while licensed.
PL §400.00
N/A Good Moral Character and never confined to mental hospital or have history of mental illness.
Fingerprinting
PL §400.00
N/A
43. Firefighter Fire Dept Mandatory felony bar for applicants
NYC Admin Code §15-103, 15-113
Discretionary discipline or removal
for conviction of any legal offense,
conduct injurious to public peace or
welfare, or immoral conduct, ADBC.
NYC Admin Code §15-103, 15-113
N/A None Right to public examination
of charges for dismissal
NYC Admin Code §15-113
44. Food Processing Plant Operator Dept of Agri &
Mkts
Discretionary– may be denied or
revoked if convicted of a felony.
A&M L §251-z-5(7)
N/A Good Character
Bonding
A&M L §251-z-3.
Art 78 CPLR
A&M L §251-z-6
45. Food Salvager Dept of Agri &
Mkts
Discretionary– may be denied,
revoked or suspended if convicted of
a crime.
A&M L §220
Good Character, ADBC
A&M L §219
Art 78 CPLR
A&M L §221
46. Frozen Dessert Dept of Agri &
Mkts
None Character and Experience
A&M L §71-d
Art 78 CPLR
A&M L §71-f
47. Funeral Director Dept of Health None for applicants
Discretionary– may be revoked for
conviction for crime. Automatically
revoked for conviction of a felony.
PHL §3450, 3454
License may be
restored if granted
a pardon or C/GC.
PHL §3450, 3454
May be revoked for habitual
drunkenness or addiction to narcotics.
PHL §3450
Hearing
PHL §3451
48. Furniture & Bedding Manufacturing Dept of State None None
GBL §388
N/A
49. Harbor Pilot State Bd of
Commissioners of
Pilots
None Good Moral Character & temperate
habits
Nav L §92
N/A
50. Hairdresser Dept of State None for applicants
License may be revoked if convicted
of any crime or offense involving
moral turpitude or for habitual
substance abuse.
GBL §409
Freedom from infectious or
communicable disease.
Good moral character
GBL §404
Revocation hearing
GBL §411
51. Hearing Air Dealer Dept of State None Good Character, reputation, & fitness
GBL §791
May request hearing if
denied.
GBL §793
52. Horse Racing State Racing &
Wagering Bd
Discretionary– may be denied or
revoked if convicted of a crime or for
consorting with anyone convicted of
a crime.
RPMWBL §213.2
Character and general fitness
RPMWBL §213.2
N/A
53. Insurance Securities Salesperson State Ins Dept None Public interest
Ins L §1204
Hearing
Ins L §2103
Art 78 CPLR
Ins L §2124
54. Insurance & Savings Bank Officers & Employees State Ins Dept None Trustworthy and competent
Ins L §2202(2)
Hearing
Ins L §2103
Art 78 CPLR
Ins L §2124
55. Inspectors &
Investigators for Dept
of Agri
Dept of Agri &
Mkts
None Fingerprinting
A&M Lem> §11
N/A
56. Jockey SEE HORSE
RACING
PERSONNEL
57. Junk Dealer Mayor’s Office of
City
Mandatory– applicant must not have
been convicted of larceny or
receiving stolen property.
GBL §61
None None N/A
58. Land Surveyor State Ed Dept None Good Moral Character, ADBD
Educ L §7206-a
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
59. Liming Materials Seller Dept of Agri &
Mkts
None None
A&M L §142ee
Art 78 CPLR
A&M Lem> §142ee
60. Long-Shoreman (sic) Waterfront
Commission
Discretionary– registration may be
denied or revoked if convicted of
treason, murder, manslaughter, or of
any felony or high misdemeanor.
Uncon L §9829
Bar may be lifted
by pardon.
Uncon L §9829
None Hearing
Uncon L §9845
61. Masseur/Masseuse State Ed Dept None Good Moral Character, ADBD
Educ L §7804
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
62. Melloream Mftr Dept of Agri &
Mkts
None None
A&M L §50-g
N/A
63. Midwife State Ed Dept None Good Moral Character, ADBD
Educ L §6955
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
64. Migrant Farm Worker SEE FARM
LABOR
CONTRACTOR
65. Milk Dealer Dept of Agri &
Mkts
Discretionary– may be denied,
revoked or suspended if convicted of
a felony.
A&M L § 258-c(i)
Good Character
(No) acts injurious to public health
Bonding
A&M L §258-c
Notice and hearing
A&M L §258-c
Art 78 CPLR
A&M L §258-d
66. Milk Tester/Weigher/
Grader
Dept of Agri &
Mkts
None Good Moral Character
A&M L §57a
N/A
67. Money Lender State Banking
Dept
None Good Character & general fitness
Banking L §342
N/A
68. Money Transmitter State Banking
Dept
None Good Character & general fitness
Banking L §642
Hearing
Banking L §642
69. Notary Public Dept of State Mandatory– felony and specific
misdemeanor (e.g. drug offenses)
bars for applicants.
Exec L §130
Good Moral Character
Banking L §130
N/A
70. Nurse State Ed Dept None Good Moral Character, ADBD
-RN: Educ L §6905
-LPN: Educ L §6906
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
71. Nursery (Trees) Stock
Seller
Dept of Agri &
Mkts
None None
A&M L §163-a
N/A
72. Nutritionist SEE DIETICIAN
73. Occupational Therapist State Ed Dept None Good Moral Character, ADBD
Educ L §7904
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
74. Opthalmic Dispenser State Ed Dept None Good Moral Character, ADBD
Educ L §7124
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
75. Optometrist State Ed Dept None Good Moral Character, ADBD Educ
L
§7104
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
76. Parachute Jumper Dept of
Commerce
None None
GBL §244
N/A
77. Pawn Broker Mayor’s Office or
local licensing
authority
None Good Character
Bonding
GBL §41
N/A
78. Pharmacist State Ed Dept None Good Moral Character, ADBD
Educ L §6805
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
79. Physical Therapist State Ed Dept None Good Moral Character, ADBD
Educ L §6734
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
80. Physician State Ed Dept None Good Moral Character, ADBD
Educ L §6524
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
81. Physician’s Assistant State Ed Dept None Good Moral Character, ADBD
Educ L §6541
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
82. Pier Superintendent/
Hiring Agent
Waterfront
Commission
Mandatory– felony and specific
misdemeanor (e.g. drug offenses) bar
for applicants.
Uncon L §9814
Discretionary– revocation for (i)
conviction of felony or specific
misdemeanor (e.g. drug offense) (ii)
consorting with anyone convicted of
such an offense or (iii) drug addiction
or distribution.
Uncon L §9818
Bar may be lifted if
applicant has 5
years good
conduct.
Uncon L §9814
Good Character and Integrity
Uncon L §9814
Hearing
Uncon L §9845
83. Plant/Soil Innoculant
Seller
Dept of Agri &
Mkts
None None
A&M L §147-b
Art 78 CPLR
A&M L §147-g
84. Licensed Plumber Dept of Buildings None Good moral character
NYC Admin Code §26-133
Revocation for poor moral character
that adversely reflects on fitness to
conduct plumbing business
NYC Admin Code §26-151
Revocation hearing
NYC Admin Code §26-151
85. Podiatrist State Ed Dept None Good Moral Character, ADBD
Educ L §7004
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
86. Police Officer Police Dept Mandatory– permanent felony bar
NYC Admin Code §14-109
None N/A
87. Private Investigator
(and employees)
Dept of State Mandatory– felony and specific
misdemeanor bar (e.g. drug offenses,
buying/receiving/possessing stolen
property, unlawful entry) for
applicants.
GBL §74
License suspended if convicted of
crime.
GBL §74
Bar may be lifted
by pardon or C/GC.
GBL §74
Bonding
Fingerprinting
Good character, honesty and integrity
Criminal history investigated
GBL §§72, 81, 74
Hearing
GBL §79
88. Psychologist Dept of State None Good Moral Character, ADBD
Educ L §7603
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
89. Public Adjuster State Ins Dept Mandatory– felony and specific
misdemeanor bar for convictions
involving fraudulent or dishonest
practices.
Ins L §2108(d)(3)&(4)
Bar may be lifted
by pardon or C/GC.
Ins L
§2108(d)(3)&(4)
Trustworthy, honest and good
character
Fingerprinting
Ins L §2107, 2108(d)(2)&(5)
Hearing
Ins L §2108
Art 78 CPLR
Ins L §2124
90. Race Track Worker SEE HORSE
RACING
PERSONNEL
91. Radiologist Bureau of X-Ray
Tech of State
Health Dept
None Good Moral Character
PHL §3505
92. Real Estate Broker/
Salesperson
Secretary of State Mandatory– must not have been
convicted of a felony.
Real Prop L §400-a
Bar may be lifted
by pardon or C/GC.
Real Prop L §400-a
Trustworthiness
Real Prop L §441
Hearing
Real Prop L §441-e
Art 78 CPLR
Real Prop L §441-f
93. Refrigerator Warehouse
and/or Locker Plant
Operator
Dept of Agri &
Mkts
None Good Character, ADBC
A&M L §231
Art 78 CPLR
A&M L §232
94. Sanitation Worker Sanitation Dept Discretionary– may be punished or
dismissed for conviction of any legal
offense, conduct injurious to public
peace or welfare, or immoral
conduct, ADBC
NYC Admin Code § 16-106
None Opportunity to give
explanation before
punishment meted out.
NYC Admin Code § 16-106
95. Scrap Processor Mayor’s Office None None
GBL §69-f
N/A
96. Securities Broker Dealer
Salesperson
Dept of Law None Must disclose criminal record.
GBL §359-e(3)(a)(b)
Fingerprinting required
GBL §359-e(12)
N/A
97. Security Guard SEE PRIVATE
INVESTIGATOR
98. Shorthand Reporter
(Certified)
State Ed Dept None Good Moral Character, ADBD
Educ L §7504(7)
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
99. Social Worker
(Certified)
State Ed Dept None Good Moral Character, ADBD
Educ L §7704(7)
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
100. Speech Pathologist State Ed Dept None Good Moral Character, ADBD
Educ L 8206
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
101. Stevedore Waterfront
Commission
SAME AS PIER
SUPERINTENDENT.
Uncon L §9821
Good Character & integrity
Uncon L §9821
Hearing
Uncon L §9845
102. Taxi Driver Dept of Motor
Vehicles
Same as for drivers licenses
generally. Mandatory revocation for
convictions for certain vehicular
offenses. Mandatory suspension for
convictions for certain drug-related
felonies and misdemeanors and for
assault against traffic enforcement
agent. Permissive suspension and
revocation for any felony conviction.
V&T L §510
Permissive suspensions for
intoxication or use of drugs and for
commitment to institution under
jurisdiction of Dept of Mental
Hygiene
V&T L 510
Good Moral Character
No drug or alcohol addiction
NYC Admin Code §19-505
Art 78 CPLR
V&T L §263
Revocation hearing for city
license
NNYC Admin Code §19-
505(L)
103. Teacher State Dept of Ed None Good Moral Character, ADBD
Fingerprinting
Educ L §§ 3012, 3020, 2590-h(20).
Hearing
Educ L §2590-g
104. Theatre Ticket Reseller City or County
Licensing
Commission
None Good Moral Character
ACA L §25.03
Bonding
ACA L §25.07
N/A
105. Truck Driver Dept of Motor
Vehicles
Must report once per year all
convictions for violations of vehicle
laws & ordinances other than those
involving parking.
V&T L §509-t
None Art. 78 CPLR
V&T L §263
106. Undertaker SEE FUNERAL
DIRECTOR
107. Veterinarian State Ed Dept None Good Moral Character, ADBD
Educ L §6704
*Any information about criminal
record referred to OPD for
investigation and determination.
Hearing
Written appeal
8 NYCRR 28
108. Weighmaster Dept of Agri &
Mkts
None Good Character
A&M L §195
Hearing
A&M L §195
109. X-Ray Technician and
X-Ray Therapy
Technician
SEE
RADIOLOGIST

Overall, New York criminal allegations are extremely serious. Nave + Associates (formerly Anelli Nave) understands that people make mistakes. Even in circumstances where you have made a mistake, it is still important that your rights are protected throughout the judicial process and that you understand the charges you are facing as well as potential consequences.

Nave + Associates (formerly Anelli Nave)’s dedicated criminal attorneys have offices throughout New York and have worked with many clients facing charges. If you are facing criminal charges, contact the criminal defense team at Nave + Associates (formerly Anelli Nave) to schedule a consultation about your case.

DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem.  Corporate offices for Nave + Associates (formerly Anelli Nave) are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899.  Prior results do not guarantee a similar outcome.  Attorney Advertising.

2016-09-12T16:50:42+00:00