NYS Background Checks

Credit and Investigative Checks

Employers in New York may not obtain credit or investigative reports on an applicant or employee unless they inform them that they will request it for employment purposes and the employee agrees in writing. This notice must be written with other disclosures required under New York’s fair credit reporting act. Employers must also tell an applicant or employee before they take an adverse employment action even in part because of credit or investigative report.

Employers in New York City may not obtain an applicant’s or employee’s credit report unless a specific exception applies.

Note: The Fair Credit Reporting Act almost certainly applies to employers obtaining credit checks.

Arrest and Conviction Checks

Employers in New York state are prohibited from asking applicants about arrests or charges that did not result in a conviction. Employers with 10 or more employees are also prohibited from asking about conviction records unless the conviction relates directly to the job, or hiring an applicant with such a record would be an unreasonable risk to property, personal safety, or public safety. 

All employers in the state of New York must post a copy of Article 23-A of the New York Correction Law relating to the employment of people with prior criminal convictions.

New York City

The New York City Council passed a "Ban the Box" ordinance that went into effect in 2015. The ordinance prohibits employers from inquiring into an applicant’s criminal history prior to a conditional offer of employment. The ordinance also bans job ads that indicate that applicants will be eliminated from consideration or hiring if they have a criminal history. If a New York City employer chooses to run a background check following a conditional offer of employment, they must do the following:

1. Provide the applicant with a copy of the background check(s);
2. Conduct the analysis required by New York state law;
3. Provide the applicant with a written copy of their analysis;
4. Provide the applicant with three days to respond, while holding the job open.

Given the specific legal requirements of using criminal histories in hiring decisions, particularly in New York City, employers may want to consult with an attorney before instituting this practice.

Mandatory Background Checks

New York requires that employers conduct background checks on the following types of employees:

• School personnel
• Those who install, service, or maintain security or fire alarms
• Those working for an entity registered with the federal securities exchange commission or department of law
• Those working for a clearing corporation that is affiliated with an entity registered with the federal securities exchange commission
• Private detectives
• Bail enforcement personnel

• Childcare center personnel, including volunteers who may have regular and substantial contact with children