New York employers should always conduct thorough pre-employment background checks in order to hire qualified and trustworthy staff, avoid legal liabilities, and ensure compliance with FCRA and state laws.
Here at iprospectcheck, our expertise covers all aspects of the background check process, offering detailed reports to employers across New York City, Albany, Buffalo, Rochester, and beyond.
This overview will guide you through adhering to New York’s pre-employment screening requirements.
Key Takeaways
- A New York background check investigates a candidate’s criminal history, education, employment, professional license, and other details to confirm their qualifications, suitability, experience, and safety.
- Employers in New York must comply with numerous federal, state, and local laws when they conduct background checks.
- Common searches on New York background checks include criminal history, employment verification, education verification, professional license verification, and MVR checks.
- To get a New York background check, create a comprehensive policy, train HR staff, choose a reliable provider, comply with notice and consent rules, review and communicate results, individually assess convictions, and complete the adverse action process when necessary.
What is a NY Background Check?
A New York background check is an investigation into a candidate’s criminal record, work history, education, professional credentials, and other important details related to the position for which they’ve applied.
Pre-employment background checks help employers confirm the claims applicants have made on their resumes and during interviews and assess their qualifications, honesty, experience, safety, and competence for their open positions.
What Comes Up on a New York State Background Check?
When you conduct a pre-employment background check in New York, the information you might see will depend on what you request. When you partner with iprospectcheck, you can customize your background check requests to only receive the specific types of information you require.
While the other types of requested information might vary, most New York employers ask for criminal history reports, verification of employment, and verification of education. Below is a brief description of what you might see for these types of reports.
Criminal History Reports
If a job candidate has a criminal conviction, his or her criminal history report will contain the following information:
- Case number
- Date of arrest
- Charge(s)
- Disposition
- Date of disposition
- Severity of the offense (misdemeanor or felony)
- Sentence information
Information about sealed records is not reportable.
Employment Verification
When you ask for the employment information of an applicant to be verified, you will be able to see each former employer for which the applicant worked, the titles that he or she held, and his or her dates of employment at each company.
Employment verification allows you to verify that your applicants have the requisite experience for their positions. It also helps you to confirm that your applicants are trustworthy and loyal.
Education Verification
Verifying a candidate’s educational information lets you verify all of the educational institutions he or she attended, the attendance dates, and any diplomas, certificates, or degrees awarded.
Education verification allows employers to confirm that their applicants have honestly reported their educational qualifications and helps to protect the companies from potential negligent hiring lawsuits.
Professional License Verification
A professional license verification reports the following details about a candidate’s claimed credentials:
- License validity
- License number
- License issuance date
- License type
- License expiration date
- Debarments, suspensions, and other public sanctions
Motor Vehicle Records (MVR) Check
An MVR check reveals the following information about an applicant’s driving record and license:
- License number
- Licensee’s full legal name
- Licensee’s physical descriptors
- Registered address
- Issuance date
- Expiration date
- Date of birth
- Traffic violations
- Major traffic convictions
- License suspensions or revocations
Know Before You Hire
How to Get a New York State Background Check
1. Develop a Background Check Policy
Before you order background checks, start by developing a comprehensive background check policy.
Your policy should include provisions that track all federal and state legal requirements.
Provide information about the types of searches your company performs for jobs at various levels of authority. Provide uniform background checks at each level to prevent bias.
Detail the steps your HR staff should take before, during, and after conducting background checks.
2. Train HR Staff
Train your HR staff on your background check policy and the steps they need to take.
Educate them about the laws that govern background checks.
3. Choose a Reliable Provider
Choose a reliable background check provider like iprospectcheck to ensure your reports will be accurate, up-to-date, and legally compliant.
We have access to numerous reliable information sources and use advanced research methods to return reliable, current, and FCRA-compliant background checks to our clients quickly.
4. Follow Notice and Consent Rules
You must comply with the FCRA’s notice and consent rules when you conduct background checks.
Notify applicants that your company intends to conduct background checks.
This notice must be on a separate form and not contain extra information.
Obtain their written, signed authorization for a background check before you place your order.
5. Review and Communicate Results
When you receive background check results, review them carefully.
If you feel satisfied with the applicant’s qualifications and background information, contact them to schedule onboarding and a start date.
If you instead have concerns after reviewing the background check reports, proceed with the following steps:
6. Individually Assess Convictions
Avoid blanket policies to deny applicants with convictions.
Under Title VII, you should individually assess a conviction as it directly relates to a job’s duties and workplace safety before deciding not to hire an applicant based on that information.
7. Comply with the Adverse Action Process
Under the FCRA, you must complete the adverse action process before deciding not to hire an applicant based on information learned from a background check.
If you don’t want to hire a candidate after reviewing their background check, take the following steps:
- Send a pre-adverse action notice to the applicant and include a copy of the report with the problematic information highlighted.
- Give a reasonable time to respond (typically five days) for the applicant to provide evidence the information is wrong or of rehabilitation.
- Send a final adverse action notice if you ultimately decide not to hire the applicant. Include a copy of their FCRA rights.
Important Laws and Regulations
In New York, consumer reporting agencies (CRAs) like iprospectcheck and employers are required to follow the state, local, and federal laws governing employment background checks, including the information that can be gathered and used to make hiring decisions.
If you do not comply with the employment background check laws, your company could be at risk of legal liability and other penalties.
Below, some of the primary laws that cover pre-employment background checks in New York are detailed for employers that rely on third-party CRAs for information about applicants during the hiring process.
Federal Laws
The Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964 are the two main federal laws New York employers should understand when conducting pre-employment background checks.
FCRA
The FCRA is a comprehensive federal law that was first enacted in 1970.
Its purpose is to protect consumer privacy in the information gathered and used by CRAs, including information of applicants for employment during the hiring process.
Under the FCRA, CRAs are restricted in the types of information CRAs can access and disclose, and employers are restricted in the types of information they can use to make hiring decisions.
Under the FCRA, there is a seven-year lookback period that prohibits CRAs from disclosing arrest information that is seven or more years old when the arrests did not lead to convictions.
CRAs are also not allowed to disclose information about civil lawsuits, judgment liens, collection accounts, or bankruptcies that are at least seven years old.
These restrictions do not apply to positions paying salaries of at least $75,000. Records of criminal convictions can be gathered and disclosed no matter their age or the salaries offered for the open positions.
Employers that conduct pre-employment background checks must inform their candidates that they intend to complete New York background checks in writing.
They must also secure the written consent of candidates before completing a background check for employment in New York.
If negative background information about a candidate is revealed on an employment background check report, employers are required to adhere to the FCRA’s two-step adverse action procedure before they make final hiring decisions.
Title VII
The Equal Employment Opportunity Commission (EEOC) promulgates and enforces regulations under Title VII of the Civil Rights Act of 1964.
This is a landmark law that prohibits discrimination based on the protected statuses of applicants and employees in the workplace.
Title VII applies to criminal history information that might be revealed in New York employment background checks.
According to guidance from the EEOC, employers should individually assess criminal history information in relation to the specific jobs for which the applicants are being considered before deciding not to hire them based on this information.
Fair Chance to Compete for Jobs Act
The Fair Chance to Compete for Jobs Act is a fair chance hiring law that governs federal agencies and companies that hold or seek federal contracts.
If you’re a federal contractor, you must wait until after you make a conditional job offer before inquiring about a candidate’s criminal history.
This law prohibits federal agencies from contracting with companies that ask about criminal history earlier in the hiring process.
State Laws
New York employers and CRAs must comply with multiple state laws covering pre-employment background checks.
Changes to New York City’s Fair Chance Act
In July 2021, New York City amended its Fair Chance Act to expand its protection for applicants and employees with certain types of criminal records.
Under this law, employers must now wait until after a conditional offer of employment has been extended before conducting criminal background checks.
Employers are expected to separate their pre-employment background checks into two reports.
The first check, which can be conducted before a conditional offer of employment, can include non-criminal background information such as an applicant’s employment history, education, and reference checks.
The second report will only include the applicants’ criminal history information.
If convictions are revealed, employers must complete the Fair Chance process before making a final decision not to hire the applicants.
New York State Reporting Limitations
Under NY Gen Bus L § 380-J (2019), CRAs may not report information about arrests not resulting in convictions unless the cases are pending.
This statute also prohibits the reporting of drug or alcohol addiction records that are seven or more years old, satisfied judgments that are five or more years old, confinement in mental institutions seven or more years old, or retail thefts without uncoerced confessions and signed statements.
This statute also prohibits reporting of criminal convictions antedating the report by seven or more years. However, the time restriction does not apply to positions paying at least $25,000.
Article 23A of the New York Corrections Law includes several statutes governing how employers must treat applicants who have one or more prior criminal convictions.
Discrimination Against Criminal Convictions
Under NY Corr L § 752 (2019), employers may not discriminate against applicants with one or more criminal convictions unless the convictions directly relate to the position, or hiring the applicant would place others at an unreasonable risk of harm.
Employers must consider several factors under NY Corr L § 753 (2019 when an applicant has one or more criminal convictions, including the following:
- The public policy to encourage employment of people with criminal convictions
- The position’s specific duties and responsibilities
- Whether the conviction relates to the applicant’s fitness to perform any one of the duties or responsibilities
- How much time has elapsed since the conviction
- The person’s age when the offense was committed
- The seriousness of the offense
- Any mitigating information produced by the applicant showing good conduct and rehabilitation
The analysis must be made on a case-by-case basis, and employers must consider all of the factors individually when determining whether or not to hire the applicant.
If an applicant who has a criminal record is denied employment, the applicant must be given 30 days to ask for a reason for the adverse decision under NY Corr L § 754 (2019).
All employers in New York are prohibited from asking about salary history information from job applicants. This law went into effect on Jan. 6, 2020.
New York Clean Slate Act
The New York Clean Slate Act is effective on Nov. 16, 2024.
Beginning on that date, the Unified Court System will have three years to establish a process for automatically sealing conviction records.
Beginning Nov. 16, 2027, people with most misdemeanor or felony convictions will have their records automatically sealed once they have completed their sentences and a relevant waiting period.
Certain offenses, including murder, sex offenses, and class A felonies unrelated to drugs are not eligible.
When a conviction is automatically sealed under this law, CRAs can’t report it on background checks.
Employers will not be able to inquire about automatically sealed records or base employment decisions on them.
Discrimination Against Applicants and Employees for Cannabis Use Prohibited
Under NYS Lab. Law § 201-D(2)(b)-(c), employers are prohibited from refusing to hire, demoting, firing, or otherwise disciplining applicants and employees for legal cannabis use outside of work hours.
Because of this law, employers are generally prohibited from testing applicants and employees for marijuana unless an exception applies, including:
- Testing is required by another federal or state law
- The employer has a reasonable and articulable suspicion that an employee is impaired by marijuana
Credit Checks Prohibited in Most Cases
On Dec. 19, 2025, Gov. Kathy Hochul signed S3072 into law. This bill amends the state’s Fair Credit Reporting Act to prohibit most employers from requesting credit history information as a part of an employment background check unless a narrow exception applies.
The following are exempted:
- When required to be considered under state or federal law or the Securities and Exchange Commission (SEC)
- Law enforcement roles
- Appointed positions that mandate a state-required background check and involve significant public trust
- Positions requiring bonding
- Jobs requiring a security clearance
- Non-clerical jobs with access to trade secrets or national security or intelligence information
- Roles with signatory authority for transactions of $10,000 or more
- Positions involving regular modification of cybersecurity systems to protect client information
This law was effective on April 18, 2026.
New York Salary History Inquiry Ban
Under NYS Lab. Law 194, employers are prohibited from asking applicants about their wage or salary history.
Instead, employers can ask applicants about their salary expectations.
Employers also may not prohibit employees from talking with each other about what they’re paid.
Local and Municipal Laws
Multiple counties and municipalities in New York also have laws that cover pre-employment background checks.
In New York City, the city council expanded the scope of the Fair Chance Act. Under N.Y.C. Admin. Code § 8-107(10)-(11), private and public employers may not discriminate against applicants with criminal convictions for employment purposes without conducting the individual assessment required by Art. 23A of the New York Corrections Law.
Employers also are prohibited from asking applicants about arrests that did not lead to convictions, and they cannot ask about criminal history information on applications. New York City’s ban-the-box law applies to employers with four or more employees.
In Buffalo, employers must comply with the city’s ban-the-box ordinance found in Buffalo City Code § 154-25.
Under this law, employers may not ask about criminal convictions on applications or before the initial interview for a position.
Rochester has a similar ban-the-box law found in Roch. Mun. Code §§ 63-12 – 63-15.
Under this ordinance, employers may not ask about criminal history information on applications or until after the first interview.
Employers in New York City may not perform credit checks on prospective employees or employees unless they are for positions that require credit checks under federal or state laws under the NYC Human Rights Law.
Get a New York Background Check with iprospectcheck
All of our staff complete in-depth training and know the correct methods for gathering and analyzing critical information for job applicants. When you work with us, you can be confident that the information you receive complies with the FCRA and other laws, is comprehensive, and accurate.
At iprospectcheck, we make customer service a priority. We are USA-based and never offshore our services to maintain the privacy and confidentiality of your sensitive data. We are available to answer any questions that might arise and always respond promptly to inquiries.
Contact iprospectcheck today to learn more about how we can help to streamline your hiring process through scheduling a no-obligation, free consultation.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
FAQs
How Much Does a Background Check Cost in New York?
If you send a request through the New York Office of Court Administration, you will have to pay a fee of $95 per report. However, the information you might receive will only include New York state criminal history information and will not include out-of-state conviction records or other important information you need for employment purposes.
If you try to gather all of the relevant background check information on your own, you will have to send multiple requests to different institutions, agencies, and employers. This could be a time-consuming process that could cost substantial amounts of money.
Relying on websites that promise free pre-employment background check reports in New York could expose you to substantial losses through lawsuits and penalties.
The best method for gathering information is to work with a reputable, FCRA-compliant pre-employment background check company like iprospectcheck.
When you partner with us, you can choose the types of specific information you need for your positions by tailoring your requests.
We offer packages at different price levels, many other types of reports, and a menu of clinical services, including pre-employment drug tests.
If you plan to order pre-employment background checks at volume, you can also benefit from significant discounts. Contact iprospectcheck today to learn more and obtain a free, no-obligation quote.
How Long Does it Take to Get a Background Check Completed in New York?
The methods you choose for conducting pre-employment background checks will impact how long it will take for you to receive the information.
If you submit a request through the Office of Court Administration’s direct access site, the state normally returns reports by the next business day. However, this information will only provide New York state criminal records, and information from towns and villages will be limited. It will not include information about out-of-state convictions or data about employment or education.
If you try to collect information by sending requests to numerous agencies, institutions, and employers, it can take weeks for you to receive all of the information you need.
When you work with iprospectcheck, you can receive comprehensive information that fully complies with the laws in a fast turnaround time. We can provide information in a few hours or up to a couple of days.
We also offer self-background check services in New York, if you want to review your own record before an employer sees it
How Far Back Does a Background Check Go in New York?
The FCRA’s seven-year lookback period limits how long adverse information can be reported and used for hiring decisions for applicants in New York. Arrests that are older than seven years not resulting in convictions will not be reported.
Liens, civil judgments, collection records, and bankruptcies will also not be reported when they are seven or more years old on pre-employment background check reports.
However, the FCRA’s restrictions are not applicable to positions offering salaries of at least $75,000. The reporting of criminal conviction records is also not restricted by the seven-year lookback period.
Background report information about a candidate’s education, employment, and credentials is not restricted by the FCRA. These types of information can be reported and used regardless of age.
