Typically when a state enacts alarm licensing laws it includes a requirement that applicants and their employees be subjected to fingerprinting and investigation for criminal convictions. New York is such a jurisdiction. Those convicted of felonies are usually automatically barred from the alarm industry and those convicted of misdeameanor charges or even violations may have trouble getting approved by the licensing agency. Crimes or violations that involve moral turpitude or call into question the character of the applicant to engage in the alarm industry may lend themselves to subjective evaluation by the licensing agency. Thus, a safe cracker or person who has evinced violent tendencies, even though they may only have a string of violation convictions, could find themselves disqualified. In New York and elsewhere I am sure, even a felon can apply for an alarm license. A Certificate of Relief is required, but even with the Certificate the licensing agency can give the applicant a hard time. I've been successful over turning decisions barring applicants but most don't want to spend the money to fight.
Especially after the recent arrest of the ADT salesman in Florida accused of rape it's futile to argue against background checks and the necessity for them.
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Ken
The Business of Installing Servicing or Maintaining Security or Fire Alarm Systems - Article 6-D, General Business Law, references certain portions of the Penal Law as was sections of article 23-a of the Correction Law.
Could you clarify these sections of the law so we know who would be rejected because of past criminal convictions and in what other areas criminal convictions would prevent someone from getting a license for being able to be employed by a licensed company.
§69-o. License after examination; application
2. After the filing of an applicant’s fingerprint cards, the Secretary of State shall forward such fingerprints to the Division of Criminal Justice Services to be compared with the fingerprints on file with the Division of Criminal Justice Services in order to ascertain whether the applicant has been convicted of a felony involving fraud, bribery, perjury or theft pursuant to article 140, 155, 160, 165, 170, 175, 176, 180, 185, 190, 195, 200 or 210 of the Penal Law; or has a criminal action which has been pending for such a felony for under one year without a final disposition unless adjourned in contemplation of dismissal; provided, however, that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such:
(a) A conviction which has been vacated and replaced by a youthful offender finding pursuant to article 720 of the Criminal Procedure Law, or the applicable provisions of law of any other jurisdiction; or
(b) A conviction, the records of which have been expunged or sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; or
(c) A conviction for which a certificate of relief from disabilities or certificate of good conduct has been issued pursuant to the Correction Law
§195.14 Criminal convictions
Any applicant or qualifier convicted of any felony or misdemeanor may be denied licensure or subjected to license revocation and suspension. Departmental discretion shall be exercised pursuant to the standards articulated in article 23-A of the Correction Law.
The employee statement requires the following questions to be answered:
Business of Installing, Servicing or Maintaining Security or Fire Alarm Systems Employee’s Statement Page 2 of 2
DOS 1516-a (Rev. 10/12)
3. Have you ever been convicted of a felony in this State or elsewhere?
4. Have you ever been convicted in this State or elsewhere of:
a. Any offense involving moral turpitude?
b. Illegally using, carrying or possessing a pistol or other dangerous weapon?
c. Making or possessing burglar’s instruments?
d. Buying or receiving stolen property?
e. Unlawful entry of a building?
f. Aiding escape from prison?
g. Unlawfully possessing or distributing habit forming narcotic drugs?
h. Interfering with any person in any place by jostling against such person or unnecessarily crowding him or by placing a
hand in the proximity of such person’s pocket, pocketbook or handbag?
i. Except for minor traffic infractions, have you ever been convicted of any other offense in this State or elsewhere?
5. a. Has any Business of Installing, Servicing or Maintaining Security or Fire Alarm Systems license issued to you or to a
partnership or corporation of which you were a member or an officer ever been revoked in this State or elsewhere?
b. Has any application submitted by you for a license in the Business of Installing, Servicing or Maintaining Security or Fire
Alarm Systems ever been denied by this State or any other governmental or regulatory body or officer in this State or
elsewhere?
6. Has any license or permit issued to you or applied for by you ever been denied, suspended or revoked by this State or any
other governmental or regulatory body or officer in this State or elsewhere?
7. Are you presently under indictment for any crime or offense in this State or elsewhere?
8. Is there any complaint against you now pending before any department, bureau, board, prosecuting officer, criminal court
or any other governmental or regulatory body or officer in this State or elsewhere?
*If any answer to questions 3 to 8 is YES, explain fully, setting forth details for each answer:
So if someone was convicted f breaking into a house and stealing jewels, and then stealing a getaway car, they probably won't get an alarm license?
What happens to the person arrested and convicted for possession of drugs and drug paraphernalia with intention to sell? Can they get an alarm license? Can they work for an alarm company/
Give us some ideas here.
How "clean" must an individual be to get an alarm license? Or be employed by an alarm company?
Also seems like: Any applicant or qualifier convicted of any felony or misdemeanor may be denied licensure or subjected to license revocation and suspension. Departmental discretion shall be exercised pursuant to the standards articulated in
article 23-A of the Correction Law.
Is a catch all for anything a person was convicted for.
anon