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New York Background Check

An additional New York background check might be necessary for some jobs or industries from the state. For instance, home care agencies, nursing homes, and subcontractors to these businesses who work with seniors, kids, and people with developmental disabilities are vulnerable populations.

Background checks on job applicants aid employers in safeguarding their businesses, their reputations, and their staff. Background checks can reveal crucial details about a candidate’s credentials, such as the candidate’s criminal history, driving record, or professional license status.

Employers conducting background checks must adhere to all applicable local, state, and federal laws because New York State strictly regulates employment screenings.

New York Employment Background Check Laws

The state, local, and federal laws governing employment background checks, including the data that can be gathered and used to make hiring decisions, must be followed in New York by consumer reporting agencies (CRAs) like backgroundcheck,  iprospectcheck, goodhire, backgroundchecks.og and employers.

Your business could face legal trouble and other penalties if you don’t abide by the employment background check laws.

For employers who rely on information about applicants provided by third-party CRAs during the hiring process, some of the key laws that govern pre-employment background checks in New York are described below.

Federal Laws on Employment Background Checks

Title VII of the Civil Rights Act of 1964 and the Fair Credit Reporting Act (FCRA) are the two primary federal laws that New York employers should be aware of when conducting pre-employment background checks.

FCRA

A comprehensive federal law known as the FCRA was first passed in 1970. Its goal is to safeguard consumer privacy in relation to data collected and used by CRAs, including data on job applicants during the hiring process. Employers are restricted in the types of information they can use to make hiring decisions, and CRAs are restricted in the types of information they can access and disclose.

A seven-year lookback period imposed by the FCRA prevents CRAs from disclosing arrest data that is seven or older when the arrests did not result in convictions. Additionally, CRAs are not permitted to reveal details of court cases, judgment liens, collection accounts, or bankruptcies that are more than seven years old.

These limitations do not apply to jobs paying at least $75,000 annually. Regardless of their age or the pay scales offered for the open positions, records of criminal convictions can be gathered and made public.

Pre-employment background check users must give written notice to applicants of their intent to conduct New York background checks. Before running a background check on applicants, they must also get their written consent.

Employers must follow the FCRA’s two-step adverse action procedure if a candidate’s past is implicated in a report from an employment background check before making a final hiring decision.

Chapter VII

Title VII of the Civil Rights Act of 1964 has regulations that are circulated and enforced by the Equal Employment Opportunity Commission (EEOC). This historic law forbids workplace discrimination based on an applicant’s or employee’s protected status.

Criminal background information that could be uncovered during New York employment background checks is covered by Title VII. Employers are advised by the EEOC to individually evaluate applicants’ criminal histories in relation to the particular jobs they are considering before making a hiring decision.

Information from a New York Background Check

A New York State employment background check is a tool that employers can use to find out important details about a candidate, most frequently their criminal history. A federal criminal history check reveals convictions for crimes against the federal government, such as mail fraud, tax evasion, and embezzlement. Any convictions for felonies and misdemeanors that are less than seven years old, as well as any active criminal cases, are revealed by a state criminal history check.

Consumer reporting agencies are prohibited from disclosing non-conviction records in New York (aside from pending cases) or convictions older than seven years. Jobs that earn more than $25,000 per year are exempt.

Additionally, New York state law places restrictions on the use of consumer credit reports, drug tests, and criminal background checks by employers when making hiring decisions. Local laws in some counties and cities may also be stricter than those in New York State.

New York State Office of Court Administration (OCA)

A New York Statewide Criminal History Record Search (CHRS) is offered by the New York State Office of Court Administration (OCA) for a cost of $95.00. You can mail in a CHRS application form or submit a CHRS request through our online Direct Access program. The search criteria are based solely on a Name and DOB exact match (variations of Name or DOB are not reported).

A component of the CHRS program also involves background checks for businesses. Public records pertaining to ongoing, completed, and adjudicated criminal cases from County/Supreme, City, Town, and Village courts in all 62 counties are included in the search results. There is no disclosure of sealed records. There are few Town & Village criminal disposition data (see CHRS FAQs).

How to Complete Mail-In Applications and Search Criminal Records (CHRS) You can mail your application to:

Criminal History Record Search

NYS Office of Court Administration

Office of Administrative Services

Criminal History Record Search Unit

25 Beaver Street, 9th Floor

New York, NY 10004

CHRS@nycourts.gov

The search results can be mailed or emailed (the application form MUST include an email address) (MUST include a self-addressed stamped envelope.)

These requests are processed the following business day after they are received.

The cost for a statewide search is $95.00. If paying by check or money order, please make checks payable to the New York State Office of Court Administration. Cash payments cannot be made. Items returned by the bank will incur a $20.00 returned check fee.

The above listed ideas are what can help you achieve a successful New York background. They cover on the laws, locations and methods of conducting a background check in the state among other things.