Comply
FreeAn individualized assessment before every pre-adverse notice.
Before you can send a pre-adverse notice, PreHireBadge asks you to save an individualized assessment: the offense, the time that has passed, the job, and anything the candidate sent. New York uses the eight Article 23-A factors.
- Required before the pre-adverse notice
- Article 23-A factors for New York and NYC
- Certificates of relief treated as a presumption
- Nature of the offense
- Time since the offense
- Duties of the job
- Evidence of rehabilitation
- Information the candidate sent
Illustrative example with sample data.
How it works
4 steps, start to finish
- 1
Open the Records-found report
Read each released record: court, charge, level, disposition, dates, and source.
- 2
Choose Consider adverse action
The case opens and the assessment form appears.
- 3
Answer every factor
Offense, time passed, the job's duties, and evidence of rehabilitation or anything the candidate sent.
- 4
Save, then notify
Saving unlocks the pre-adverse notice. You can still choose Withdraw at any point.
Why it matters
What you get with individualized assessment
No skipped step
The pre-adverse notice is locked until an assessment is saved for that specific check.
Jurisdiction-aware factors
A federal worksheet by default; the eight Article 23-A factors for New York and New York City work locations.
Rehabilitation recorded
Certificates of relief or good conduct are captured and treated as a presumption of rehabilitation on the form.
Part of the permanent record
The assessment is included in the case's evidence bundle alongside consents, notices, and the dispute pause log.
Why a written assessment protects you and the candidate
Federal EEOC guidance encourages employers to look at the nature of the offense, the time elapsed, and the nature of the job rather than applying blanket exclusions. Several fair chance laws go further and require a written, individualized assessment before an adverse decision. New York's Article 23-A lists eight factors.
PreHireBadge builds the worksheet into the adverse-action case. When you choose Consider adverse action on a Records-found report, the assessment form opens. Every factor needs an answer. If the candidate holds a certificate of relief from disabilities or a certificate of good conduct, a checkbox records it and the form treats it as a presumption of rehabilitation.
The saved assessment becomes part of the case record and the evidence bundle. The send button for the pre-adverse notice refuses to run without it.
FAQ
Questions employers ask about individualized assessment
Still unsure? Ask Peter, our assistant, in the bottom-right corner, or browse the help center.
What is an individualized assessment?
A case-by-case review of a criminal record that considers the nature of the offense, the time that has passed, the nature of the job, and evidence the candidate provides, instead of a blanket exclusion.
Do I have to complete the assessment?
In PreHireBadge, yes, if you want to send a pre-adverse notice. The send button refuses to run until an assessment is saved for that check.
What are the Article 23-A factors?
New York Correction Law Article 23-A lists eight factors for weighing a conviction in employment. PreHireBadge uses them for New York and New York City work locations.
What if the candidate has a certificate of relief?
Check the box on the form. PreHireBadge treats it as a presumption of rehabilitation.
Pairs well with individualized assessment
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