Last Updated: August 2017

New York

Employers that are either located in New York or hiring New York residents must abide by the Federal FCRA, and they should consider the following state laws. For more information on New York state laws, please visit the state legislature.




Background check laws in NY:

New York State Consolidated Laws Article 25 Section 380-j – Prohibited information

Prohibited information. (a) No consumer reporting agency shall report or maintain in the file on a consumer, information: (1) relative to an arrest or a criminal charge unless there has been a criminal conviction for such offense, or unless such charges are still pending. (b) Notwithstanding the provisions of paragraph one of subdivision (a) of this section, a consumer reporting agency may collect, evaluate, prepare, use or report information relative to a detention of an individual by a retail mercantile establishment […].

(f) (1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information. (i) bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years; (v) Records of conviction of crime, which, from date of disposition, release, or parole, antedate the report by more than seven years. (2) The provisions of this subdivision shall not apply to: (2) The provisions of this subdivision shall not apply to: (i) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of fifty thousand dollars or more; (ii) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of fifty thousand dollars or more; or (iii) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty-five thousand dollars, or more. (iii) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty-five thousand dollars, or more.

In other words:

Background checks can include criminal information that is older than 7 years, and bankruptcy information that is older than 14 years if the consumer report is used in connection with: (1) a credit transaction that involves or is expected to involve $50,000 or more; or (2) a life insurance policy of $50,000 or more; or (3) the employment of an applicant whose annual salary will equal or is expected to equal $25,000 or more.

§ 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited.

Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, to which the provisions of this article are applicable, shall be denied by reason of the applicant's having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when such finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless:

In other words:

In the state of New York, it is illegal for an employer to discriminate against a job applicant who has been convicted of one or more crimes, unless: the position is directly related to the crimes the applicant has been convicted of, or if the applicant could endanger the property, safety, or welfare of the individuals she or he would be working with or that of the general public.

§ 753. Factors to be considered concerning a previous criminal conviction; presumption.

 

 

 

 

N.Y. COR. LAW § 754: At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial 

In other words:

Employers – be they private or public – have to consider several factors when considering a job applicant who has been convicted of one or more crimes. These factors include:

When considering Section 752, employers must also take into account certificates of relief from disabilities or certificates of good conduct that the applicant has received. These certificates could serve as proof to the applicant’s rehabilitation in regard to the offense(s) he or she committed.

 

 

In other words: 

If an applicant with criminal record history is denied employment or licensure, he or she has 30 days to request a written statement explaining the reason for the denial. 

 

 


 How to Dispute Your Records: 

Criminal Records:

If you find that your criminal records are incorrect or incomplete and you would like to take action, you should contact the specific jurisdiction in which the records were originally filed.

Feel free to take a look at some of these resources for more information:
Information About New York Expungement Law
Personal Criminal History Record Review Program

Civil Records:

All of the following are included in civil records: judgments, liens, evictions, family and small claims cases. If you would like to dispute a record, contact the court in which the record was filed.

New York Court Locator

Contact State Law Officials

New York State Division of Criminal Justice Services
Alfred E. Smith Building
80 South Swan St.
Albany, New York 12210
Phone: (800) 262-3257
website

NYS Unified Court System
Office of Court Administration
25 Beaver Street - Rm. 852
New York, NY 10004
Phone: (212) 428-2700

NYS Unified Court System
Office of Court Administration
4 ESP, Suite 2001
Empire State Plaza
Albany, NY 12223
Phone: (518) 474-3828
website

National Laws and Resources

In order to set a standard around hiring policies, the federal government has created the Fair Credit Reporting Act or FCRA to monitor and protect both employers and job seekers. With this law, individuals are protected from unfair workplace discrimination and data breaches of their private, sensitive information. Interested in learning more? Check out GoodHire’s 10-step process for legally obtaining background reports. Be sure to read the official FCRA full text or summary legal document for more details.

Find any court in the USA: Court Locator Tool http://www.uscourts.gov/court_locator/CourtLocatorSearch.aspx

Disclaimer
GoodHire tries to update and correct the information provided for this state regularly, but we cannot make the guarantee that everything is fully up-to-date. Laws and regulations change often. This information is not meant to be used as legal advice, solicitation, or advertising. We always recommend speaking to a lawyer before taking any legal action. Please contact us if you find something that is incorrect or out-of-date on our site.