McMillan v. Department of Citywide Administrative Services

OPINION OF THE COURT

Peter H. Moulton, J.

This case presents a novel issue: May a public agency rationally disqualify an ex-criminal offender from an employment opportunity by ascribing guilt to that individual for a higher offense than the offense for which that individual accepted guilt and was later awarded a certificate of relief from disabilities (CRD)?

A CRD is intended to remove bars to employment for ex-criminal offenders. The statute, as codified in the Correction Law, provides that

“[a] certificate of relief from disabilities may be granted as provided in this article to relieve an…