Admission of Persons with Prior Felony Convictions

In accordance with SUNY Policy #3200 - Admission of Persons with Prior Felony Convictions

• Beginning with the recruitment cycle for the 2018 school year, neither University-wide nor individual SUNY campus applications for admission may inquire about an applicant’s prior criminal history. As a result, the question regarding an applicant’s prior felony convictions had been removed from all University-wide admission applications for applicants seeking admission for the first time in the 2018 school year (which began on January 1, 2018) and beyond. Likewise, applications for 2018 and future school years no longer included a question on an applicant’s prior criminal history.
• After an applicant has been accepted as a student, SUNY campuses shall inquire if the student has a prior felony conviction only if such student seeks:
  • access to campus housing;
  • participation in clinical, field experiences or internships that require a criminal history check as a condition to participation; or
  • participation in study abroad programs (hereinafter “covered activities”)
• Where a student is applying to participate in a clinical or field experience, or internship placement, that requires a criminal history check as a condition to participation, campuses may only inquire if the student has a prior felony conviction at the point in time permitted by law, typically after an initial placement interview or after a conditional offer of placement.
• If a student replies “yes” to the question of whether he/she has ever been convicted of a felony in response to an inquiry related to a covered activity, the campus standing review committee (hereinafter “campus committee”) shall conduct a review of such information consistent with the standards articulated in the NYS Corrections Law, Section 753 of Article 23-A.
• To facilitate its review, the campus committee shall ask the student to provide
  • A copy of the student’s criminal history record (excluding sealed conviction records) from the NYS Division of Criminal Justice Services (or equivalent document for jurisdictions outside of NYS);
  • For students on parole or probation status, references from the NYS Department of Corrections and Community Supervision Division of Parole or the Office of Probation and Correctional Alternatives; and
  • A personal interview with the campus committee if deemed necessary to clarify/verify this information.
• The campus President is required to designate a campus official to serve as the campus liaison with the NYS Department of Corrections and Community Supervision Division of Parole, the NYS Office of Probation and Correctional Alternatives, and the local parole and/or probation office.
• After evaluating all information submitted, the campus committee must decide whether to grant or deny the student’s participation in the covered activity or to grant such participation subject to conditions. In the event the student fails to timely submit the requisite information for review, the campus committee may defer decision on the student until all necessary information is received and reviewed.
• Campuses have an affirmative obligation to advise students that a prior felony conviction (including sealed conviction records) may hinder their ability to complete the requirements of certain academic programs and/or meet the criteria for licensure required by certain professions.