Can you collect unemployment after being released from jail - NYS Department of Labor eligibility questions
I was recently released after serving 8 months and I'm trying to figure out if I can file for unemployment benefits through NYS Department of Labor. Before I was incarcerated, I had been working at a warehouse for almost 2 years. I've been out for three weeks now and haven't been able to find work yet. I tried looking at the my.ny.gov website but it's confusing about eligibility requirements. Does anyone know if having a criminal record or being incarcerated affects your ability to get UI benefits? I really need some income while I'm job searching but don't want to file if I'm not eligible.
12 comments


Caleb Bell
Yes, you can absolutely file for unemployment benefits after being released from incarceration! NYS Department of Labor doesn't automatically disqualify you for having been in jail. What matters is whether you meet the standard eligibility requirements - you need sufficient work history and wages in your base period, you must be able and available for work, and actively seeking employment. Since you worked for 2 years before incarceration, you likely have enough work credits. The key is being honest on your application and making sure you're meeting the job search requirements.
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Kaitlyn Jenkins
•Thank you! That's really helpful. Do I need to mention the incarceration on my application or will they find out anyway?
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Danielle Campbell
You should be upfront about it. NYS Department of Labor will likely discover it during their verification process anyway, and being dishonest could cause bigger problems. When you file your weekly claims, there's usually a question about being available for work - just answer honestly. The main thing is proving you're actively looking for jobs now and available to work. Keep a detailed job search log because they may ask for it.
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Rhett Bowman
•This is good advice. I had a friend who tried to hide something on his application and it caused his claim to go into adjudication for months.
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Abigail Patel
I was in a similar situation last year and got approved for benefits after about 3 weeks of adjudication. The key is showing that you're genuinely looking for work and available. Some employers might discriminate but that doesn't affect your UI eligibility. Make sure you're applying to at least 3 jobs per week and keeping records. Also, if you're having trouble reaching NYS Department of Labor by phone (which happens a lot), I found this service called Claimyr that helped me get through to an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works.
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Kaitlyn Jenkins
•Thanks for the suggestion! I've been trying to call them for days but keep getting busy signals.
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Daniel White
wait so they dont care about criminal background at all?? that seems weird
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Caleb Bell
•Unemployment benefits are based on your work history and current ability to work, not your criminal record. It's an insurance program you paid into when you were working.
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Nolan Carter
The system is so broken anyway, half the people getting benefits probably don't deserve them while people who actually need help get denied for stupid technicalities. At least someone who actually worked and is trying to get back on their feet has a shot.
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Natalia Stone
Just want to add - make sure your base period wages are calculated correctly. Sometimes there can be issues if your employer didn't report wages properly before you were incarcerated. You might need to provide pay stubs or other documentation to verify your work history. Also be prepared that your claim might go into adjudication while they review your case, which can add several weeks to the process.
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Ethan Wilson
I went through this exact situation about 6 months ago after being released. The process was definitely nerve-wracking but it worked out. A few things that helped me: First, gather all your employment documents from before incarceration - W2s, pay stubs, anything that proves your work history. Second, when you file online, there's a section where you can explain gaps in employment - be honest but brief. Third, start documenting your job search immediately with dates, company names, and how you applied. I kept a simple spreadsheet that saved me when they asked for proof later. The waiting period was tough (about 4 weeks for me) but I did get approved. Don't let the fear stop you from applying - you earned those benefits through your previous work. Good luck!
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Lucas Adams
•This is really encouraging to hear from someone who went through the same thing! The spreadsheet idea is smart - I've been looking for jobs but not keeping good records. Did you have any issues with employers asking about the gap in employment during interviews? I'm worried about how to explain it when I do start getting calls back.
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