Criminal background check New York City

Criminal background check New York City

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Criminal background check New York City

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. 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. 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. 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.

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. Essentially, the new law will prohibit employers in New York City from conducting criminal background checks until after they have extended a conditional offer of employment” to the applicant. The New York City Council recently voted to approve legislation that makes it unlawful for a covered employer or its agent to make any inquiry or statement related to the pending arrest or criminal conviction record of an applicant for employment - or conduct a criminal background check - until after the employer has extended a conditional offer of employment to the applicant.

Today in New York City, employers may not ask about a job applicant's prior criminal history or even ask to run a background check until a conditional employment offer has been made. 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. 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.

The Act, which is more commonly known as New York City's Ban the Box” legislation, prohibits employers from inquiring about job applicants' criminal conviction history before those applicants receive conditional offers of employment. 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.

As of October 27, all employers in New York City with at least four employees will be prohibited from making any inquiry into a job applicant's criminal history until after a conditional offer of employment has been extended to that applicant. In New York City, since 2015, Ban the Box - called the Fair Chance Act” in New York City - keeps employers from requesting criminal background information from job applicants until after a provisional employment offer is made.

http://www2.cuny.edu/foil/

https://www.lib.jjay.cuny.edu/special-collections/trial-transcripts

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