The CBC performed by the Justice Center includes both a search of NYS and FBI criminal history databases.

There are standard determination responses sent by the CBC Unit via secure email to the Provider’s Authorized Persons.  In addition, determination letters are uploaded into the CBC system and associated with the applicant. 

The response sent on the vast majority of applicants indicates that the applicant has no criminal history.

In addition to the no criminal history response, the CBC Unit determination may include a finding that while the applicant does have a criminal history (CH), such CH would not preclude employment with the provider. 

In these cases, when there is a NYS CH, the CBC Unit determination letter will include:

  • the specifics of the NYS CH;
  • a statement that the Justice Center is not directing the Provider to deny the applicant; and
  • advice to Provider to make its own hiring determination.

When there is CH from outside of NYS, the CBC Unit is prohibited from sharing that out-of-State CH with the Providers, so the determination letter will include:

  • an indication of the presence of a CH, but no specifics of that CH;
  • a statement that the Justice Center is not directing the Provider to deny the applicant; and
  • advice to the Provider to make its own hiring determination.

Rest assured that the CBC Unit has reviewed the out-of-State CH and considered it in light of Article 23-A of the Correction Law in making its determination that the CH would not preclude the applicant's employment.

PLEASE NOTE - When a Provider receives a determination that CH exists but the Justice Center is not directing the applicant should be denied, the applicant SHOULD NOT be advised that the Provider was directed to deny employment by the Justice Center.

The CBC Unit has received many calls from applicants indicating that they were advised by Providers that the Justice Center determined they were not suitable for employment when the Justice Center did not make such a determination.

There may be instances where an applicant’s CH renders the applicant unsuitable for employment with populations served by the Provider subject to a Justice Center CBC.  If so, the Justice Center is required to reach out to the applicant to request evidence of rehabilitation or good conduct for consideration before making a final determination.  After review of any materials submitted by the applicant, the CBC Unit will make a determination and advise the Provider accordingly.

The CBC Unit is also statutorily required to hold an applicant in abeyance (i.e., not make a determination) if he or she has an open felony charge until it is resolved.  In addition, the CBC Unit has discretion to hold an applicant in abeyance if there is an open misdemeanor charge.  Providers will be notified accordingly.

If you have any questions, please contact cbc@justicecenter.ny.gov.