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Driver questionGetting & keeping a TLC license

Can I Get a TLC License With a Criminal Record?

Often yes, but not always. How TLC reviews convictions under Article 23-A, which offenses mean denial, what pending charges do, and what evidence helps.

  • Reviewed
  • 2 min read
  • 6 official sources
On this page (7)
  1. Three situations, three different answers
  2. How the Article 23-A review works
  3. Separate TLC "fitness" bans
  4. Be honest on the application
  5. When to get help
  6. FAQ
  7. Sources

Often yes — a past conviction does not automatically bar you. TLC fingerprints every applicant and reviews criminal history "in a manner consistent with Article 23-A" of the New York Correction Law (TLC rule §80-04(h)). Article 23-A is the state law that limits when a licensing agency may deny someone because of a past conviction. The big exception is a "serious criminal offense": for those, TLC rules say the application will be denied.

Three situations, three different answers

Where does your record fit?

Answer a few questions · general information, not legal advice

Question 1Do you have a criminal case that is still open (not yet resolved)?

Do you have a criminal case that is still open (not yet resolved)?

  • Yes, a case is pending

    Watch out: What this means for you

    TLC defers your application. If the charges are not resolved within 90 days after you submit it, the application is denied (rule 80-08(c)(3)(iii)). You can apply again once the case ends.

  • No, only past convictions

    Is the conviction on the 'serious criminal offense' list in VTL §498(1)(f)? (For example: a felony involving a motor vehicle, homicide, or a felony involving assault, sex offenses, kidnapping or burglary.)

    • Yes or not sure

      Important: What this means for you

      Rule 80-04(h)(4) says the application will be denied after a conviction for a serious criminal offense. If you are not sure how your conviction is classified, have a lawyer read your certificate of disposition before you pay the non-refundable fee.

    • No

      Good to know: What this means for you

      TLC reviews the conviction under Article 23-A, weighing factors such as how long ago it was, how serious it was, how it relates to driving passengers, and evidence of rehabilitation. You may be asked for more information or an interview (rule 80-08(e)).

  • No record at all

    Good to know: What this means for you

    Criminal history is not an issue, but TLC still checks driving history, DMV points and past TLC conduct. See why applications get denied.

How the Article 23-A review works

Under Correction Law §752, an agency may deny a license because of a past conviction only if there is a direct relationship between the offense and the license, or if granting it would involve an unreasonable risk to property or to the safety of specific people or the public.

To decide that, §753 requires TLC to consider eight factors, including:

  • New York's public policy of encouraging the licensing of people with prior convictions;
  • the duties of the license (here: driving members of the public);
  • how the offense bears on your ability to do those duties;
  • how much time has passed and how old you were at the time;
  • how serious the offense was;
  • any evidence of rehabilitation and good conduct.

A Certificate of Relief from Disabilities or Certificate of Good Conduct creates a presumption of rehabilitation for the offenses it covers. If you have one, include it.

Separate TLC "fitness" bans

Apart from criminal convictions, rule §80-08(c) lets TLC deny an application for certain conduct while you held a TLC license — for example a three-year ban for driving a TLC vehicle while impaired, fraud, theft, threats, harassment, use of physical force or having a weapon in a licensed vehicle. TLC's fitness rules page lists them. These can apply even without a criminal conviction. See why TLC denies applications for the full list.

Be honest on the application

Leaving something out can be its own reason for denial. Rule §80-08(c)(3)(i) allows denial for any material mistake or omission, and §80-04(o) requires you to tell TLC about new convictions while the application is pending. After you are licensed, rule §80-12(h) requires you to notify TLC in writing within 15 calendar days of any criminal conviction (see what you have to report to TLC).

When to get help

If TLC asks for an interview or sends a notice that it intends to deny, that is the moment to talk to a lawyer. A lawyer can explain how your conviction is classified and help you gather rehabilitation evidence. For the overall application steps see how to get a TLC license; if TLC is reviewing an existing license, read about the TLC fitness hearing and license revocation.

Frequently asked questions

Does any conviction automatically disqualify me from a TLC license?

Rule 80-04(h)(4) says TLC will deny an application, and revoke a current license, after a conviction for a 'serious criminal offense' as defined in NY Vehicle and Traffic Law §498(1)(f). Other convictions are reviewed case by case under Article 23-A of the Correction Law.

What counts as a serious criminal offense?

VTL §498(1)(f) lists categories such as a felony involving a motor vehicle, a drug felony in which a vehicle was used, leaving the scene under VTL §600(1) or (2), vehicular homicide or manslaughter, homicide, and felonies involving assault, sex offenses, kidnapping or burglary. Read the statute or ask a lawyer about your specific conviction.

I have a case still open in court. Can I apply?

You can, but TLC will put the application on hold. Under rule 80-08(c)(3)(iii), if the charges are not resolved within 90 days after you submit the application, it is denied.

Does TLC check my record when I renew?

Yes. Rule 80-04(h)(3) says the criminal history of any applicant, including a renewal applicant, is reviewed under Article 23-A. And rule 80-12(h) requires licensed drivers to report any new conviction within 15 days.

What can I show TLC to prove I have changed?

Correction Law §753 requires TLC to consider evidence of rehabilitation and good conduct. A Certificate of Relief from Disabilities or Certificate of Good Conduct creates a presumption of rehabilitation for the offenses it covers.

Sources

Last reviewed against the official sources on .

  1. TLC Rules, Chapter 80: Drivers (§80-04(h), §80-08, §80-12(h)) nyc.gov
  2. TLC: Fitness Rules for Driver Applicants nyc.gov
  3. NY Correction Law §752 (unfair discrimination prohibited) nysenate.gov
  4. NY Correction Law §753 (factors to be considered) nysenate.gov
  5. NY Vehicle and Traffic Law §498 (serious criminal offense) nysenate.gov
  6. TLC: Get a TLC Driver License nyc.gov

Spotted something out of date? Tell us and we'll check it against the official source.

TLC Help is not a law firm and is not affiliated with the NYC Taxi & Limousine Commission or OATH. Explanations on this site are general information, not legal advice. Legal representation is provided by independent attorneys and OATH-registered representatives in our network.

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