New York Background Check General Requirements

In New York, as in most states, background checks are typically used in both public and private employers’ hiring processes, but only certain select providers are permitted to provide this information in such contexts (please note: the website on which this article appears is NOT one of those authorized credit reporting agencies for use in employment background checks and other contexts). These are both criminal and non-criminal background checks that are meant to confirm your identity. It is a confirmation that the Social Security number provided matches the name and addresses, for example, that were also provided.

By law, the release of information that might be contained in a background report is closely regulated by both the State of New York and the federal government via various legislation. A criminal history report, could possibly reveal past court cases/matters or applicable convictions. Other information provided by a background check may include credit history, financial reports, driving records, and any names or aliases. However, in New York state, and elsewhere, there are substantial restrictions on what information can be uncovered in, and which companies may make available, a background check and regulations on how employers may use this information in their hiring process.

Background Check

Try it yourself! Just enter a name:

norton secure seal

Our background check service searches through billions of records and dozens of databases.

Running a background check is subject to numerous limitations and requirements and within the strict scrutiny of the federal Fair Credit Reporting Act (FCRA) and applicable state laws. These laws typically stipulate that the employee must be notified and must give prior written permission for a background check to be conducted, and that the employee must be given the opportunity to receive a copy of the resulting report, should the employer choose to rescind an offer of employment or take other disciplinary action. In New York, prospective employers must also comply with the NYS Human Rights Law. According to the state’s Attorney General website, “it is illegal for an employer or licensing agency to refuse to hire or employ, or to fire an individual on the basis of his or her creed, race, color, sex, sexual orientation, national origin, marital status, disability, military status, domestic violence victim status or predisposing genetic characteristics. It is unlawful to discriminate against an individual in compensation, training programs, or in terms, conditions or privileges of employment because of a protected category.”

Procedural Requirements New York State has implemented laws that require employers to use additional disclosure language when performing background checks.

Reporting Cases that Did Not Result in a Conviction: In a background check, criminal record information often includes instances where a person has been charged, but not convicted of a crime. In some cases, charges may have been withdrawn or the individual may have been found not guilty. New York is one of eight states that have passed laws that restricts the use of information about cases that did not result in a conviction.

The Use of Older Cases Under FCRA, background checks cannot report any non-convictions older than 7 years. New York is one of twelve states that have implemented additional laws. The State of New York similarly prohibits reporting convictions older than 7 years. Within those 7 years, laws prohibit the reporting of case information other than convictions.

Discrimination Against Applicants Who Have Been Convicted Of A Crime Employers operating in the State of New York are prohibited by law from discriminating against a job applicant who has been convicted of one or more crimes unless the employer can justify how the position is directly related to the crimes the applicant has been convicted of--in other words, how an individual’s criminal record would be hurtful to his/her ability to perform a specific job, or how the applicant’s crimes prove that they are likely to endanger the property, safety, or welfare of colleagues or the public.

Background Check by Name

Background Check by Name

Access public data now!