What Are New York Employment Background Check Laws?

Employers in New York benefit from conducting pre-employment background checks, as these checks provide valuable insights into candidates’ criminal history, driving records, education, work experience, and other relevant details, aiding in well-informed hiring decisions. However, in New York State, employment screenings are subject to strict regulations, requiring employers to comply with applicable federal, state, and local laws. Continue reading to learn more about New York’s background check processes and compliance requirements.

What Is a New York State Background Check?

A background check in New York involves examining various public records and databases to gather information that goes beyond what’s typically found on an application or resume. This process gives employers a broader understanding of a candidate’s background and is commonly used for employment or volunteer roles. Background checks in New York can cover several areas such as criminal records, driving records, and more.

The scope of a background check and the information obtained may vary depending on the industry, the specific role, and local legal requirements. Certain sectors, such as those governed by the Department of Transportation (DOT), may require additional checks.

Background check regulations can be enforced at the state, local, or federal level. For instance, specific requirements exist for employers in health care, home care, and related sectors. In these industries, employers must complete multiple clearance steps:

1. Staff Exclusion List (SEL) Check: This statewide registry lists individuals who have committed serious acts of abuse or neglect.
2. Criminal History Record Check (CHRC): Managed by the New York State Department of Health (DOH).
3. Statewide Central Register (SCR) Database Check: Provided by the Office of Children and Family Services (OCFS) to identify instances of child abuse or maltreatment.

In certain child-focused programs, more comprehensive checks are required under New York State Social Services Law and the Child Care and Development Block Grant Act (CCDBG).

What Shows Up on a New York State Background Check?

The outcomes of a New York employment background check depend on the type and depth of the screenings conducted. Here are typical background checks and what they may reveal:

• Criminal Records Check: Unveils felony and misdemeanor convictions, pending cases, past incarcerations, active warrants, and arrests.
• Driving Record Check: Reveals license status, suspensions, revocations, DUIs, and other driving-related offenses.
• Employment Verification: Confirms past employment, job roles, and periods of employment.
• Education Verification: Confirms schools attended, degrees earned, and graduation dates.
• Credit Checks: Provides a history of the candidate’s financial situation, including outstanding payments, bankruptcies, and accounts in arrears. Often required for roles with financial responsibilities.
• Drug Testing: Identifies the presence of illicit drugs or substances, though New York law restricts cannabis testing for most employers.
• Medical History: Generally protected by law, with restrictions on disclosing medical information to employers.

Can Information from a Background Check Disqualify Candidates?

Yes, a New York background check can reveal disqualifying information, but employers must be cautious in how they use this data. New York law regulates the use of criminal background checks, credit reports, and drug tests when making hiring decisions. For instance:

• Certain roles, such as those with the New York Justice Center, may disqualify candidates with felony convictions related to violence within the past decade.
• Employers must adhere to the Fair Credit Reporting Act (FCRA) when disqualifying a candidate based on background check findings. This includes providing a pre-adverse action notice and the opportunity for the candidate to dispute any incorrect information.

How Far Back Do Employment Background Checks Go in New York?

In New York, the standard look-back period for employment background checks is typically seven years, although this can vary based on the type of screening:

• Criminal Records: Consumer reporting agencies (CRAs) are prohibited from reporting convictions older than seven years, except for positions with an annual salary of $25,000 or more.
• Bankruptcies: Can be reported for up to 14 years.
• Arrests: Arrests not leading to convictions, pending cases, or sealed records cannot be disclosed.

New York Background Check Laws

Several laws govern how background checks are used in New York:

• New York Human Rights Law § 296.16: Prohibits employers from considering certain arrests or convictions when making hiring decisions, such as arrests dismissed under specific laws or convictions sealed under particular statutes.
• New York General Business Code § 380-J: Restricts the reporting of arrest records, unpaid tax liens, and bankruptcies beyond a certain age, unless the position offers a salary of $25,000 or more.
• New York Corrections Law § 752: Employers cannot discriminate against candidates with criminal convictions unless there is a direct relationship between the offense and the job.
• Article 23-A of New York Corrections Law § 753: Requires employers to conduct an individualized assessment before rejecting a candidate based on their criminal history, considering factors such as the nature of the offense and time elapsed since the conviction.
• New York Labor Law § 194-A: Bans employers from inquiring about a candidate’s salary history, but salary expectations can be discussed.
• Marijuana Regulation and Taxation Act (MRTA): Restricts pre-employment cannabis testing, unless required by state or federal law for specific roles.

New York City Fair Chance Act

In New York City, employers cannot inquire about a candidate’s criminal history until a conditional job offer has been extended. Employers must follow a two-step process for background checks, prioritizing employment and education verification before criminal history checks. This law applies to employers with four or more employees in New York City.

New York City Stop Credit Discrimination in Employment Act

Most employers in New York City cannot use a candidate’s credit history for employment decisions unless required for specific roles (e.g., police officers, executives, or jobs regulated by law).

How to Get a New York Background Check

Employers in New York can either directly request background checks from agencies or use a qualified background check provider. Platforms like the DMV’s Records Request Navigator and the Office of Court Administration (OCA) provide online access for specific checks. Alternatively, working with a CRA can streamline the process, ensuring compliance with regulations.

How Much Does a Background Check Cost in New York?

The cost of background checks in New York varies depending on the types of checks requested. A typical background check may range from $10.00 for basic packages to higher rates for more detailed screenings. Using a CRA can offer more predictable pricing, especially for employers conducting large volumes of checks.

How Long Does a Background Check Take in New York?

Background checks in New York can be completed in as little as one business day, though the time may vary based on the complexity of the check and the availability of records. Engaging a background check provider can help expedite the process by leveraging established relationships with courthouses and access to specialized databases.