What type of crimes will make someone unsuitable for employment?
The law specifies crimes that “presumptively” disqualify an applicant from further consideration, and then leaves it to OMH to make determinations with regard to other crimes. The “presumptively disqualifying” crimes listed in the statute are a felony conviction at any time for a sex offense, a felony conviction within the past ten years involving violence, a conviction for endangering the welfare of an incompetent or physically disabled person, or a similar offense in any other jurisdiction outside of New York State. If an applicant’s criminal history reveals a conviction for any of these types of crimes, he or she cannot be hired unless OMH determines that the health, safety, and welfare of the provider’s clients would not be jeopardized.In addition, OMH may issue a denial based on any criminal conviction (misdemeanor or felony), consistent with Article 23-A of the Correction Law.
The law specifies crimes that “presumptively” disqualify an applicant from further consideration, and then leaves it to OMH to make determinations with regard to other crimes. The “presumptively disqualifying” crimes listed in the statute are a felony conviction at any time for a sex offense, a felony conviction within the past ten years involving violence, a conviction for endangering the welfare of an incompetent or physically disabled person, or a similar offense in any other jurisdiction outside of New York State. If an applicant’s criminal history reveals a conviction for any of these types of crimes, he or she cannot be hired unless OMH determines that the health, safety, and welfare of the provider’s clients would not be jeopardized. In addition, OMH may issue a denial based on any criminal conviction (misdemeanor or felony), consistent with Article 23-A of the Correction Law. In general, what will be considered is whether or not there is a direct relationship between the previo
