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Employers benefit from conducting pre-employment background checks as they provide crucial insights into job candidates’ criminal history, driving records, education, work experience, and additional pertinent details, enabling informed hiring decisions. However, in New York State, employment screenings are subject to strict regulations, necessitating compliance with relevant federal, state, and local laws by employers conducting background checks. Continue reading to understand further the processes and compliance requirements for background checks in New York.
In New York State, a background check entails combing through various public records and databases to uncover information beyond what’s typically found on an application or resume, offering employers a more holistic understanding of a candidate’s history. These screenings are commonplace for employment or volunteer roles. They delve into various aspects such as criminal records, driving records, and more.
The scope of background screenings and the information obtainable may vary depending on your organization, the position, and the relevant laws in your jurisdiction. Some industries, notably those under Department of Transportation (DOT) regulations, may necessitate additional checks.
Additionally, background check regulations may be enforced at the state or local level. For instance, specific requirements exist for home care agencies, health homes, and subcontractors associated with these entities in New York. Employers in these sectors may need to complete three clearance steps:
- Checking the Staff Exclusion List (SEL), which is a statewide registry cataloging individuals who have committed severe or recurrent acts of abuse or neglect.
- Completing a Criminal History Record Check (CHRC) via the New York State Department of Health (DOH).
- Conducting a Statewide Central Register (SCR) Database Check, a clearance search provided by the state’s Office of Children and Family Services (OCFS) to identify any instances of child abuse or maltreatment attributed to a candidate.
Prospective employees in group child programs are subject to comprehensive background checks as mandated by New York State Social Services Law and the Child Care and Development Block Grant Act (CCDBG). These checks include state and national criminal records inquiries, searches of state and national sex offender registries, and examinations of both SCR and SEL records.
What Shows Up On A New York State Background Check?
The outcomes of a New York state employment background check can differ based on the variety and quantity of screenings conducted, as well as the extent of each investigation. Here are typical background screenings and their potential findings:
- Criminal records checks unveil misdemeanor and felony convictions, along with ongoing criminal proceedings. They may also reveal past adult incarcerations, arrests awaiting prosecution, active warrants, and infractions.
- Driving record checks disclose license status, suspensions, revocations, and driving-related offenses like DUIs.
- Employment verification confirms previous employers, job roles, and periods of employment.
- Education verification validates schools attended, degrees obtained, and graduation dates.
- Credit checks portray a candidate’s credit history, encompassing payment records, accounts in arrears, and bankruptcies. This type of check is often requisite for roles entailing financial responsibilities.
- Drug testing determines the presence of current or past usage of specific illicit and prescription drugs. Except in specific circumstances, New York State law prohibits most employers from conducting pre-employment cannabis testing.
While there are limited exemptions, consumer reporting agencies (CRAs) in New York state are generally prohibited from divulging consumer medical data to employers.
CAN INFORMATION ON A BACKGROUND CHECK DISQUALIFY CANDIDATES FROM EMPLOYMENT?
A New York background check might reveal disqualifying information, though employers must cautiously assess their organization’s background check policies and adhere to pertinent laws when using background screening results to make employment decisions. New York state statutes constrain employers in their utilization of criminal background checks, consumer credit checks, and drug screenings when making hiring determinations.
Additionally, a candidate may be ineligible for employment based on legal prerequisites for the specific role. For instance, applying for a position with the New York Justice Center mandates that a felony conviction involving violence within the past decade is “presumptively” disqualifying.
Should an employer opt to disqualify a candidate based on New York pre-employment screening outcomes facilitated by a consumer reporting agency (CRA), they should follow the adverse action protocol delineated in the federal Fair Credit Reporting Act (FCRA).
How Far Back Do Employment Background Checks Go In NY?
When performing a New York background check, the most prevalent timeframe employers typically examine is the past seven years, although this duration may vary depending on the type of background check.
According to New York state legislation, consumer reporting agencies (CRAs) are prohibited from disclosing or retaining in their records any conviction records, judgments, and settled tax liens exceeding seven years, bankruptcies surpassing 14 years, judgments settled within the last five years, or arrests resulting in no convictions (excluding pending cases). However, these limitations are waived if the position in question offers an annual salary of $25,000 or higher.
New York Background Check Laws
There are several statewide background screening laws that may impact how background checks are used in New York.
NEW YORK HUMAN RIGHTS LAW § 296.16
According to New York Human Rights Law § 296.16, employers, both public and private, are barred from soliciting information regarding specific arrests or basing employment decisions on such information. These excluded arrests involve those:
- Dismissed under Criminal Procedure Law §160.50
- Resulting in a Youthful Offender Adjudication pursuant to Criminal Procedure Law §720.35
- Resulting in a violation conviction sealed under Criminal Procedure Law §160.50 or CPL §160.55
- Convictions sealed under CPL §160.58
Exceptions are allowed if inquiry into these records is mandated or permitted by New York State or federal law.
NEW YORK GENERAL BUSINESS CODE § 380-J
Under New York General Business Code § 380-J, Consumer Reporting Agencies (CRAs) are prohibited from including in a consumer’s file:
- Information about arrests or criminal charges without a conviction or pending charges
- Details related to race, religion, color, ancestry, or ethnic origin
- Bankruptcies exceeding 14 years (federal law restricts to 10 years)
- Certain adverse information older than seven years, including drug or alcohol addictions, judgments, paid tax liens, or confinement in a mental institution, except for jobs paying $25,000 or more annually.
NEW YORK CORRECTIONS LAW § 752
In accordance with New York Corrections Law § 752, discrimination against candidates with prior criminal convictions is forbidden unless:
- There is a direct relationship between the offenses and the job
- Hiring the individual would pose an unreasonable risk to property, safety, or welfare.
ARTICLE 23-A OF NEW YORK CORRECTIONS LAW § 753
Article 23-A of New York Corrections Law § 753 mandates employers to conduct an individualized assessment before rejecting a candidate based on their criminal record. This assessment should consider eight factors:
- New York state’s support for employing individuals with criminal histories
- The job’s specific duties and responsibilities
- The relevance of the criminal offense to job fitness or performance
- Time elapsed since the offense
- Age of the candidate at the time of the offense
- Severity of the crime
- Evidence of rehabilitation and good conduct
- Employer’s legitimate interest in protecting property and public safety
Employers should also take into account any certificates of relief from disabilities or good conduct provided by the individual.
NEW YORK CORRECTIONS LAW § 754
Individuals who have been denied employment or licensure due to one or more criminal convictions have the entitlement to request a written explanation regarding the grounds for the denial. Within 30 days of the request, the employer or licensing agency must furnish the written statement.
NEW YORK LABOR LAW § 194-A
It is prohibited for employers to inquire about a candidate’s or their previous employers’ salary history, encompassing present or past wages, salary, benefits, or other forms of compensation, and utilize this information to determine the offered salary for the position applied for. However, employers are permitted to discuss with job candidates their expectations concerning salary, benefits, and other forms of compensation. Should a candidate voluntarily disclose their salary history to an employer without solicitation, this information can be considered in determining the salary.
MARIHUANA REGULATION AND TAXATION ACT (MRTA)
Under the revision made by MRTA to Section 201-D of the New York Labor Law (NYLL) in October 2021, the constraints on pre-employment cannabis testing have been broadened statewide, which were previously limited to New York City. In New York State, prospective employees can only undergo cannabis testing if:
- Mandated by state or federal law for the position, such as in roles regulated by the Department of Transportation involving driving or those related to public safety.
- Conducting cannabis testing is necessary to comply with federal law or avoid jeopardizing federal funding or contracts for the employer.
NEW YORK CITY FAIR CHANCE ACT
Employers are not allowed to perform criminal background checks or inquire about a candidate’s criminal past until they have extended a conditional job offer. While some employers might opt to delay all background checks, New York City Human Rights Local Law 4 discourages this approach. Instead, it suggests that employers proceed with other background checks, such as employment and education verification, as a priority. Only after extending a conditional job offer should screenings for criminal records and MVR reports (which could uncover convictions like DUI or DWI) be conducted.
This regulation pertains to any employer with four or more employees, including owners, paid or unpaid interns, and full-time, part-time, or temporary workers, provided that at least one of them is based in New York City. Exceptions exist if state or federal laws prohibit individuals with criminal records from holding specific positions.
A reputable CRA, such as Rapid Hire Solutions, can assist New York City employers in efficiently managing a two-step screening process to ensure compliance with all local background check laws. Additionally, other cities and counties in New York have their own ban-the-box and fair hiring laws, which may be relevant to you or your candidates, as outlined in the County Resources below.
NEW YORK CITY STOP CREDIT DISCRIMINATION IN EMPLOYMENT ACT
The majority of New York City employers are prohibited from soliciting a candidate’s credit history or utilizing such information for employment determinations. This regulation applies to any employer with four or more employees, including owners, irrespective of their work location. Credit details can only factor into hiring decisions for specific roles, such as those of police and peace officers, executive-level positions involving financial oversight, computer security, or trade secrets, or other positions mandated by state or federal law to undergo background screening.
DRIVER’S PRIVACY PROTECTION ACT (DPPA)
This federal statute governs the authorization to request an individual’s driving record and other DMV-related data. It also imposes restrictions on how this information is accessed, shared, and utilized, as well as mandates for safeguarding to uphold an individual’s privacy rights.
FAIR CREDIT REPORTING ACT (FCRA)
Employers collaborating with a CRA for New York background checks must additionally adhere to the federal FCRA. These obligations include disclosing the intent to conduct a background check, obtaining written consent from the candidate, and adhering to the adverse action procedure if a decision not to hire is based on background check findings. In instances where city, county, or New York state employment background check regulations are more stringent than the FCRA, employers might opt to comply with the strictest laws to mitigate potential liabilities.
How To Get a New York Background Check
Employers in New York have two avenues for conducting background checks on candidates: either they can directly request each report from the relevant agency, or they can opt for a qualified background check provider, such as Rapid Hire Solutions, to simplify and expedite the process.
Certain types of New York state background checks can be facilitated through online platforms, allowing employers to directly request and pay for reports. For instance, they can obtain a candidate’s driving record via the state’s DMV Records Request Navigator or conduct a criminal history records search (CHRS) online through the Office of Court Administration (OCA).
Nonetheless, this approach may consume more time for employers compared to collaborating with an experienced CRA. Rapid Hire Solutions streamlines the screening process, ensuring swift turnaround times and precise results, all the while assisting in adherence to federal, state, and local regulations.
How Much Does A Background Check Cost In New York?
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- The cost of a New York background check varies depending on the entity conducting the screening and the specific types of reports requested. For instance, some employers might solely require criminal records checks, whereas others may necessitate additional checks such as driving records, drug testing, and so forth.
When partnering with a CRA like Rapid Hire Solutions, a Checkr company, the expense for a background check can be more predictable. They offer customizable packages starting at $29.99, which are tailored to the number of background checks required, the types of reports needed, and the frequency of screening. This option often proves to be more cost-effective for employers who are hiring on a larger scale, as it saves time and eliminates the need to order reports individually.
- The cost of a New York background check varies depending on the entity conducting the screening and the specific types of reports requested. For instance, some employers might solely require criminal records checks, whereas others may necessitate additional checks such as driving records, drug testing, and so forth.
How Long Does A Background Check Take In New York?
Numerous New York state employment background checks have the potential to be finalized within a single business day. However, the timeframe for completion can fluctuate based on factors such as the breadth and type of screening required, as well as the accessibility of relevant data.
Conducting New York background checks involves navigating a multifaceted court system. In New York City alone, there are supreme civil courts, supreme criminal courts, civil courts, and criminal courts. Beyond the city, there are supreme, county, district, city, town, and village courts, many of which do not offer online records, thus impacting turnaround times. Nevertheless, the New York State Office of Court Administration maintains a searchable database encompassing records from certain local civil courts, Civil Supreme Court cases, and selected state courts.
Engaging a background check provider, such as Rapid Hire Solutions, can streamline this intricate legal process and expedite your background check procedures. With access to databases and established relationships with courthouses nationwide, Rapid Hire Solutions can abbreviate turnaround times for various types of New York background checks while furnishing comprehensive results.
County Resources
The following resources provide more information about background check laws governing major cities and counties in New York. Note: The City of New York is made up of five boroughs. Each borough is a county of New York State.
ALBANY COUNTY
Situated in the east-central region of the state, Albany County boasts a population of over 315,800 residents across 523 square miles. Albany, the capital of New York, stands as the largest city in the county, followed by Cohoes and Watervliet. Albany County’s economic landscape is characterized by administrative, managerial, and other white-collar occupations, contributing to its identity as part of “Tech Valley.” Moreover, the county is home to a dozen colleges and universities.
Public Information & Records:
A ban-the-box laws applies to positions within the county government.
BRONX COUNTY
Bronx County, encompassing the Bronx borough of New York City, is inhabited by over 1.4 million individuals. This area boasts a vibrant cultural heritage and is renowned as a significant birthplace of hip hop culture. Among its notable features are the presence of the New York Yankees and numerous arts and cultural attractions. Moreover, Bronx County is home to several esteemed educational institutions, including Fordham University and three campuses affiliated with the City University of New York.
Public Information & Records:
A ban-the-box laws applies to positions within the county government.
DUTCHESS COUNTY
Situated between the Hudson River to the west and the New York-Connecticut border to the east, Dutchess County spans 796 square miles in the Hudson Valley region, north of New York City. As one of New York’s earliest counties, it accommodates a population exceeding 297,500 residents. Poughkeepsie serves as both the county seat and largest city, followed by Beacon. The county’s economic landscape is predominantly shaped by healthcare, administrative, and managerial sectors.
Public Information & Records:
A ban-the-box laws applies to positions within the county government.
ERIE COUNTY
Erie County, nestled along the shores of Lake Erie and neighboring Ontario, Canada, in upstate New York, is inhabited by approximately 950,300 individuals. With an expansive area spanning 1,043 square miles, it ranks among the state’s most densely populated and rapidly expanding regions. Buffalo, the largest city and county seat, is renowned for hosting the NFL’s Buffalo Bills.
Public Information & Records:
A ban-the-box law applies to Buffalo employers and city vendors with at least 15 employees.
MONROE COUNTY
Monroe County, located in the Finger Lakes area and positioned south of the Ontario, Canada border, is home to around 752,000 residents within its 657 square miles. Noteworthy for hosting the international headquarters of various global corporations and a burgeoning tech startup scene, it is famously dubbed the world capital of imaging. Rochester, its largest city and county seat, anchors the region.
Public Information & Records:
A ban-the-box laws applies to positions within the city government of Rochester.
NEW YORK COUNTY
New York County, synonymous with the borough of Manhattan, accommodates a population just shy of 1.6 million, along with over one million daily commuters, all within a compact 23 square miles. This urban hub serves as the epicenter of American and global culture and commerce, boasting Wall Street, renowned tourist attractions, media conglomerates, historic landmarks, and cultural institutions. The Upper East Side stands out as its most populous neighborhood.
Public Information & Records:
Ban-the-box laws apply to New York City employers with at least four employees, including at least one working in New York City.
ONONDAGA COUNTY
Onondaga County, situated in New York’s Finger Lakes region, harbors a population of 468,200 within its 778 square miles. Syracuse, the county’s most populous city, doubles as its county seat and is home to Syracuse University. Notable industries in the area include healthcare and education.
Public Information & Records:
A ban-the-box laws applies to positions within the city government of Syracuse.
ORANGE COUNTY
Orange County, positioned along the Hudson River in southeastern New York and home to the esteemed West Point military academy, hosts a population of 405,900 across its 812 square miles. Notable cities in the county include Newburgh, Middletown, and Kiryas Joel. It stands as the sole New York county bordered by both the Hudson and Delaware rivers.
Public Information & Records:
A ban-the-box laws applies to positions within the city government of Newburgh.
QUEENS COUNTY
Queens County encompasses the Queens borough of New York City and boasts a population of approximately 2.3 million residents. Second only to Manhattan in economic prowess within NYC, Queens hosts a diverse array of industries, including trade, transportation, utilities, healthcare, and entertainment. It is also home to two major international airports and the New York Mets baseball team.
Public Information & Records:
Ban-the-box laws apply to New York City employers with at least 4 employees.
RICHMOND COUNTY
Richmond County, located in New York City harbor and composed entirely of Staten Island, is inhabited by nearly half a million people. The county is characterized by its abundant wildlife, expansive parks, and various cultural attractions. Residents commute to New York City via the Staten Island Ferry or Verrazano Bridge.
Public Information & Records:
Ban-the-box laws apply to New York City employers with at least 4 employees.
SUFFOLK COUNTY
Suffolk County, encompassing 2,373 square miles, primarily on Long Island, accommodates over 1.53 million residents. Notable cities in the county include Brentwood, West Babylon, and Coram. Suffolk County’s economic landscape features diverse sectors, including academia, scientific research, technology, and agriculture.
Public Information & Records:
A ban-the-box laws apply to Suffolk County employers with at least 15 employees.
TOMPKINS COUNTY
Tompkins County, anchored by its most populous city, Ithaca, and home to Cornell University, spans 492 square miles in the Finger Lakes region. Despite its relatively small population of 104,700, the county boasts four state parks and education as its primary industry.
Public Information & Records:
A ban-the-box laws applies to positions within the county government of Tompkins County and the city government of Ithaca.
ULSTER COUNTY
Ulster County, renowned for its scenic beauty and encompassing the Catskill Mountains, spans 1,124 square miles in the Hudson River Valley. Agriculture serves as a significant industry for its 182,300 residents, with Kingston as the county seat and most populous city.
Public Information & Records:
A ban-the-box laws applies to positions within the county government of Ulster County and the city governments of Kingston and Woodstock.
WESTCHESTER COUNTY
Westchester County, flanked by the Long Island Sound and featuring harbors, beaches, and nature preserves, is home to over 990,000 individuals across its 431 square miles. Notable cities in the county include Yonkers, New Rochelle, and Mount Vernon. Westchester County is renowned for its early suburban development and its thriving high-tech and biotech industries.
Public Information & Records:
A ban-the-box laws applies to positions within the county government of Westchester County and the city government of Yonkers.
Get a New York State Background Check With Rapid Hire Solutions
Conducting pre-employment screenings is crucial for making informed hiring choices, yet navigating New York background check regulations can be complex while ensuring legal adherence. Engaging a reliable third-party provider, such as Rapid Hire Solutions, can streamline this process.
Rapid Hire Solutions presents over 100 screening choices, featuring swift turnaround times, automated tools, and adaptable packages, thus enhancing time management and operational effectiveness in your hiring procedures. Initiate New York background checks today with us.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws