NYC Commission on Human Rights Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History. After you are offered a job, employers can ask about and consider your pending arrest and unsealed conviction record.Learn how to conduct fast, compliant background checks in NY in this comprehensive guide for employers and HR managers. Your criminal record is off-limits until an employer offers you a job. Consider only job-related convictions in the hiring process. Provide the applicant with an opportunity to review and challenge the CRA report. Having a criminal record is not listed as a protected basis in Title VII. Criminal history is not protected. Preemployment screening is essential to the hiring process. Read this guide to learn critical information about criminal background checks.