Can felons get unemployment benefits through NYS Department of Labor?
I have a felony conviction from 2019 and just lost my job last month. I'm wondering if I can even apply for unemployment benefits through NYS Department of Labor or if my criminal record automatically disqualifies me? I've been working steadily for the past 3 years at a warehouse job and paid into the system, but I'm worried they'll deny my claim because of my background. Has anyone with a criminal record successfully received UI benefits in New York? I really need help understanding what to expect before I file.
14 comments


Micah Trail
Having a felony conviction doesn't automatically disqualify you from unemployment benefits in New York. NYS Department of Labor determines eligibility based on your work history and the reason you lost your job, not your criminal background. Since you were working and paying into the system for 3 years, you should definitely apply. The key factors are whether you have enough work credits and if you were terminated for reasons beyond your control.
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Kristin Frank
•Thank you, that's really reassuring! I was laid off due to company downsizing, so it wasn't my fault. I'll go ahead and file my claim on the NYS Department of Labor website.
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Nia Watson
yeah i had a record too and got my benefits no problem, they never even asked about it during the application process
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Alberto Souchard
The unemployment application doesn't ask about criminal history. However, if you're receiving benefits and get called for a job interview, you'll still need to disclose your background to potential employers as required. But for UI eligibility purposes, NYS Department of Labor focuses on your employment eligibility and work history, not criminal convictions.
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Katherine Shultz
•This is exactly right. I work in HR and we see this confusion a lot. Unemployment benefits are an insurance program based on your work contributions, not a government assistance program that screens for criminal history.
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Marcus Marsh
I was worried about the same thing when I filed last year! Had a conviction from 2018 but got approved for benefits with no issues. The whole process was actually pretty straightforward - filed online and started receiving payments within 3 weeks. Just make sure you meet the job search requirements each week.
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Kristin Frank
•That's great to hear! Did you have any trouble with the job search requirement given your background?
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Marcus Marsh
•Not really, I just had to be honest with employers during interviews. Some weren't interested but others were willing to give me a chance. The important thing for unemployment is that you're actively looking and documenting your search efforts.
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Hailey O'Leary
ugh the whole system is so confusing anyway, they make it hard for everyone regardless of background. took me forever to get through to someone at NYS Department of Labor when my claim got stuck in adjudication
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Alberto Souchard
•If you're having trouble reaching NYS Department of Labor by phone, there's actually a service called Claimyr (claimyr.com) that can help you get through to an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling when I needed to resolve an issue with my weekly claim certification.
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Cedric Chung
Just wanted to add that even if you have restrictions on certain types of work due to your conviction, you can still receive benefits as long as you're available for work that you're legally able to perform. NYS Department of Labor understands that some people have limitations and they work with that.
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Natasha Petrov
I'm in a similar situation - have a felony from 2020 and recently became unemployed. Reading through these responses is really helpful and encouraging. It sounds like the key is that unemployment benefits are based on your work history and contributions, not your criminal background. I was also worried about applying but now I feel more confident about filing my claim. Thanks everyone for sharing your experiences!
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Emma Wilson
•You're absolutely right to feel more confident! I was in a similar boat a few months ago and was so anxious about applying. But like everyone here has said, the NYS Department of Labor really does focus on your work eligibility and contributions rather than criminal history. The application process was much smoother than I expected. One tip - make sure you have all your employment information ready (dates, employer details, reason for separation) before you start the online application. It makes the whole process go much faster. Good luck with your claim!
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Miguel Ramos
I went through this exact situation in 2022 with a felony from 2017. Filed my claim online and was approved without any issues - they never asked about criminal history during the entire process. The only time it comes up is when you're job searching and have to disclose to employers, but that's separate from your unemployment eligibility. NYS Department of Labor really does base everything on your work credits and why you lost your job. Since you were working steadily and paying into the system, you should definitely apply. Don't let worry hold you back from getting benefits you've earned through your work contributions.
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