Can you collect unemployment after being incarcerated in New York?
I was released from state prison about 6 weeks ago and I'm having trouble finding work. A friend told me I might be able to file for unemployment benefits but I'm not sure if that's even possible given my situation. I worked for 2 years at a warehouse before my sentence and paid into the system. Has anyone successfully filed for unemployment with NYS Department of Labor after incarceration? What documentation do I need and are there any special requirements I should know about?
18 comments


Mila Walker
Yes, you can potentially qualify for unemployment benefits after incarceration in NY. The key factors are whether you have sufficient work history and earnings in your base period (usually the first 4 quarters of the last 5 completed quarters before filing). Your incarceration doesn't automatically disqualify you from UI benefits as long as you meet the work requirements and are now able and available for work. You'll need to file your claim through the NYS Department of Labor website and provide your employment history.
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Ethan Clark
•Thank you! That's really helpful. Do you know if they ask about the incarceration on the application or if it comes up during the process?
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Logan Scott
my brother went thru this last year, he was able to get benefits but it took longer than usual because they had to verify his work history. Just make sure you have all your W2s and employment records ready
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Ethan Clark
•How long did it take for his claim to get approved? I'm worried about the delay since I need income soon.
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Logan Scott
•i think it was like 6 weeks total but some of that was because he didnt have all his paperwork together at first
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Chloe Green
There are some additional considerations for formerly incarcerated individuals filing for unemployment. While you can receive benefits, you need to meet the job search requirements which means actively looking for work and keeping a job search log. Some employers may have restrictions on hiring formerly incarcerated individuals, but you still need to apply to eligible positions. Also make sure you register with the state job bank as required. The NYS Department of Labor doesn't discriminate based on criminal history for benefit eligibility, but your ability to find suitable work may impact your continued eligibility.
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Lucas Adams
•This is really important info. Are there any job placement services specifically for people with criminal records that might help with the job search requirement?
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Harper Hill
honestly the whole system is set up against people like us. even if you qualify for unemployment good luck actually getting through to someone at NYS Department of Labor when you need help. been trying to call for weeks about my claim status and just get hung up on every time!!
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Caden Nguyen
•I had the same problem trying to reach NYS Department of Labor agents about my adjudication issue. Found this service called Claimyr (claimyr.com) that helped me get through to someone within a day. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped when I needed to explain a complicated situation with my claim status.
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Avery Flores
Just wanted to say good luck with your job search! The fact that you're thinking about this stuff and trying to do everything right shows you're on the right track.
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Javier Torres
I went through a similar situation about a year ago after being released. You definitely can collect unemployment in NY - the key is having enough work credits from before your incarceration. I'd recommend gathering all your employment documents (W-2s, pay stubs, etc.) before you apply online. One thing that helped me was contacting some reentry organizations like The Osborne Association or Center for Employment Opportunities - they have job counselors who understand the system and can help you navigate both the unemployment process and job searching with a record. They also count as valid job search contacts for your weekly certification. Don't get discouraged by the process - it can take a few weeks but you have rights to these benefits if you earned them.
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QuantumQuest
•This is exactly the kind of practical advice I was hoping for! Thank you @ea5bda5990dd for mentioning those specific organizations. I hadn't heard of The Osborne Association or Center for Employment Opportunities before. Do you know if they have locations throughout the state or are they mainly in NYC? Also, when you say they count as valid job search contacts - does that mean reaching out to their job counselors fulfills part of the weekly job search requirement?
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Emma Anderson
I'm in a similar situation and have been researching this extensively. One thing I learned is that NY actually has some protections for formerly incarcerated people applying for unemployment - they can't deny your claim solely based on your criminal history. What matters is your work history and earnings during the "base period" (typically the first 4 quarters of the last 5 completed quarters). Since you worked for 2 years at the warehouse, you likely have enough work credits. When you file online through ny.gov, focus on your work history and be honest about your availability to work. Also, start documenting your job search activities now - keep records of every application, contact, and interview because you'll need to certify weekly that you're actively seeking work. The system can be frustrating but you earned those benefits through your previous work.
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Axel Far
•This is really comprehensive advice, thank you @dd1b8aa2a47e! The point about NY having protections against discrimination based on criminal history for unemployment claims is reassuring. I'm going to start gathering all my W-2s from the warehouse job right away. Quick question - when you mention documenting job search activities, do you know if there's a specific number of job contacts required per week in NY? I want to make sure I'm meeting all the requirements from day one.
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Maya Patel
I work with formerly incarcerated individuals transitioning back into the workforce, and I want to emphasize that you absolutely have the right to apply for unemployment benefits if you meet the work requirements. Since you worked for 2 years before incarceration, you likely qualify. A few practical tips: 1) File your claim as soon as possible - there's no waiting period requirement after release, 2) Be prepared to explain any gaps in employment honestly if asked, 3) Make sure you have a reliable way to receive mail and access the internet for weekly certifications, and 4) Consider reaching out to your local One-Stop Career Center - they provide free job search assistance and those visits count toward your work search requirements. The staff there are trained to help people with barriers to employment. Don't let anyone discourage you from applying for benefits you earned through your previous work!
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Miguel Diaz
•Thank you so much @727c106073cf for this detailed guidance! As someone who works directly with people in my situation, your advice is incredibly valuable. I especially appreciate the tip about filing as soon as possible - I didn't realize there wasn't a waiting period after release. The One-Stop Career Center suggestion is great too since it sounds like I can get job search help while also meeting the work search requirements. Do you happen to know if the One-Stop Centers have any specific programs or counselors who specialize in helping formerly incarcerated individuals, or should I just walk in and explain my situation? I want to make sure I'm connecting with someone who understands the unique challenges we face in the job market.
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Sophia Carson
I went through this exact process about 3 years ago after my release. You absolutely can collect unemployment - your incarceration doesn't disqualify you as long as you have the work history, which it sounds like you do with 2 years at the warehouse. When I filed, they didn't specifically ask about incarceration on the application, but they do verify your employment history and ask about periods when you weren't working. I was honest about the gap when they called for clarification. The whole process took about 4 weeks for me, and I had to provide W-2s and employment verification from my previous job. One thing that really helped was getting connected with a reentry program - they not only provided job search support but also helped me understand my rights regarding unemployment benefits. Don't let anyone tell you that you don't deserve these benefits - you paid into the system and you earned them. Start gathering your employment documents now and file as soon as possible. You've got this!
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Nina Chan
•Thank you @e193f104d112 for sharing your experience! It's really encouraging to hear from someone who successfully went through this process. Your point about being honest when they ask about employment gaps is helpful - I was worried about how to handle that part. The 4-week timeline gives me a realistic expectation too. I'm definitely going to start collecting all my W-2s and employment records from the warehouse job right away. Do you remember if they required any specific documentation beyond the W-2s, like pay stubs or a letter from your former employer? I want to make sure I have everything ready before I apply online. Thanks again for the encouragement - it means a lot coming from someone who's been through this!
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