Criminal background check New York State

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Criminal background check New York State

NYC Law on Criminal Background Checks & The Justice Center Posted on June 23, 2015 On June 10, 2015, the New York City Council approved a new law prohibiting public and private sector employers—including nonprofit employers—from inquiring about a job applicant's criminal record history before making a conditional offer of employment. After extending a conditional offer of employment, employers are permitted to inquire into an applicant's criminal history, but such inquiries must be limited to only pending arrests or conviction records.6 If an employer learns about criminal record information at this time and contemplates taking an adverse action based on such information, the employer must first conduct an Article 23-A analysis using the New York City Commission on Human Rights' (Commission”) Fair Chance Act Notice. Consideration of records: In compliance with Executive Law § 296 subdivision 16 (Human Rights Law) and the Family Court Act, employers are prohibited from asking at any time for applicants to disclose information about any arrest that resulted in a Youthful Offender Adjudication pursuant to Criminal Procedure Law § 720.35: any arrest that was processed as a Juvenile Delinquency proceeding in Family Court; any arrest that resulted in a sealing pursuant to Criminal Procedure Law (CPL) §160.50 or CPL § 160.55: any conviction that was sealed pursuant to CPL § 160.58, unless said inquiry is specifically required or permitted by New York State or federal law. On June 10, 2015, the New York City Council approved a new law prohibiting public and private sector employers—including nonprofit employers—from inquiring about a job applicant's criminal record history before making a conditional offer of employment.

Remove questions from applications or criminal conviction questionnaire forms that may relate to convictions that are sealed pursuant to the Law—New York City employers are reminded that questions about criminal conviction history are prohibited prior to a conditional offer of employment. New York City's Fair Chance Act (FCA), which took effect October 27, 2015, imposes affirmative obligations on covered employers and employment agencies regarding when they may conduct criminal background checks on job applicants, and what process must be followed before making an adverse decision on the basis of an applicant's criminal history. Although the FCA has been in effect for nearly two years now, employers should take this time to reexamine their practices with respect to gathering New York City applicants' criminal history information—whether from background checks obtained from a consumer reporting agency or any other source—to ensure that they are in compliance with the law.

Under the New York City Fair Chance Act (FCA”), more commonly known as the Ban the Box” law, New York City employers with at least four employees are prohibited from inquiring about a job applicant's criminal history until after a conditional offer of employment has been made to the applicant. 6 The New York State Human Rights Law makes it an unlawful discriminatory practice for an employer to inquire about or take an adverse action based upon an applicant or employee's prior arrest records or a criminal accusation that is not currently pending against that individual, or which has been resolved in favor of that individual, resolved by a youthful offender adjudication or resulted in a sealed conviction. New York landlords should never accept any written letters or copies that are allegedly records of rental history, credit reports, background checks, employment verification or bank statements.

New York State Human Rights Law: Huan Rights Law §296(16) provides protection (a) to persons with prior arrest records that were favorably resolved or resulted in sealed convictions or youthful offender adjudications, and (b) to persons with prior criminal conviction records. In New York, employers must comply with laws concerning consumer reports, criminal background checks, and driver's record information. Employers in New York City are prohibited from obtaining an employee's or an applicant's credit history information, and using that information to make an employment decision, unless running a credit check is required by State or Federal law.

Specifically, post-offer inquiries require NYC employers to comply with their analysis and notice obligations pursuant to the NYC Human Rights Law, the New York State Corrections Law and the Fair Credit Reporting Act (FCRA), all of which have balancing factors regarding the use of criminal histories in employment decisions.

https://www.ccny.cuny.edu/csom/criminal-background-checks-and-drug-testing

https://www.criminaljustice.ny.gov/ojis/recordreview.htm

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