Most employers in New York City are not allowed to deny you a job, suspend you, or fire you because of your pending arrest or criminal conviction. This document provides information regarding employers' obligations to not discriminate against job applicants and employees because of their criminal history.The Commission is dedicated to eradicating workplace discrimination against people with a history of criminal system involvement. Consider only job-related convictions in the hiring process. Provide the applicant with an opportunity to review and challenge the CRA report. Employers have a right to see an individual's criminal record before hiring them. However, that right has several key limitations. Depending on the situation, you may have a viable case of employment discrimination. 5. Do sealed records show up on background checks? Performance of job duties over an appreciable period provides some indication of being qualified.