New York Background Check
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New York Background Check

Individuals, employers, and volunteers can conduct background checks in New York, by going to the New York government site and filing out the necessary forms below. Due to the state and local laws, some background checks may require fingerprints. Although some professions, like healthcare, government and state employees require fingerprinting, please refer to your potential employer for the need for fingerprints.

 

How to conduct a New York background check?

Individuals, employers, and volunteers can order an electronic New York background check by filling out the form on our site. Here is a step by step guide:

  1. Visit our site to order a New York Background Check.
  2. Fill out all the necessary information on the custom background check form.
  3. Click the state criminal search checkbox under the zip code text field.
  4. Select New York under the state criminal search checkbox.
  5. Fill out card details. We accept Visa, Visa Electron, Discover, JCB, Diners, and American Express.
  6. Click the checkbox I Agree to the Terms and Conditions.
  7. Click captcha.
  8. Click Order Now.
  9. Done! You will be redirected to our homepage and your report will be emailed to the email provide in the background check inquiry.  

 

How much does a New York background check cost?

Depending on the type of background check in question the prices may vary. Our electronic Maine criminal records search is $70.00. While conducting a fingerprint background check, the prices may vary from place to place. 

 

How long does it take to get the results from a New York background check?

Turnaround time can range from 24 hours to four weeks.

 

What’s the difference between an online New York background check and a New York fingerprint background check?

The New York online background check is an electronic name based search from the state of New York criminal record database and the results are returned quicker. A New Yorkfingerprint background check is essentially the same background check except an individual must go to a physical fingerprinting location and complete get their fingerprints taken by a certified fingerprint technician. The New York fingerprint background check turnaround time have longer wait times. 

 

Where can I get a fingerprint in New York?

Individuals may check local background check companies in the state of New York that conduct fingerprints by a certified fingerprint technician. Individuals can also visit New York state police and local law enforcement departments to conduct fingerprints. 

 

New York Background Check Laws

As background check laws are always changing, we look to always keep up to date for all the New York background check laws. Please consult your attorney on for legal advice about New York background check laws. Currently, New York has state laws restricting employer use of criminal records. Here, you can view more about a New York Background Check. New York does implement a statewide ban-the-box law for public employers. In compliance with Executive Law § 296 subdivision 16 (Human Rights Law) and the Family Court Act, employers by law 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, and any conviction that was sealed pursuant to CPL § 160.58, unless inquiry in question is specifically required or permitted by New York State or federal law. Public employers or licensing authorities for the state of New York may only inquire into criminal history after the first interview.

 

New York State Consolidated Laws Article 25 Section 380-j – Prohibited information

In accordance to New York State Consolidated Laws Article 25 Section 380-j – Prohibited information, employers who conduct background checks  can include criminal information that is older than 7 years, and bankruptcy information that exceeds 14 years if the consumer report is used in connection with: (1) a credit transaction that involves or is expected to involve $50,000 or greater; or (2) a life insurance policy of $50,000 or greater; or (3) the employment of an candidate whose annual salary equals or is expected to equal $25,000 or more.

 

§ 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited.

In accordance to § 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited., it is illegal for an employer in New York to discriminate against a job candidate who has been convicted of one or more crimes, unless the position is directly related to the crimes the candidate has been convicted of, or if the candidate could endanger the property, safety, or welfare of the individuals he or she would be working with, or that of the general public.

 

§ 753. Factors to be considered concerning a previous criminal conviction; presumption.

In accordance to § 753. Factors to be considered concerning a previous criminal conviction; presumption., private or public employers must consider several factors when considering a job candidate who has been convicted of one or more crimes. The factors include: (1)the public policy of the state the duties and responsibilities linked to the position; (2)whether the crime(s) the candidate was convicted of will have any negative effect on the candidate’s ability to satisfy the duties and responsibilities of the position; (3) the length of time between when the crime(s) happened and the hiring process the age of the person at the time he or she committed the crimes; (4) information related to the candidate’s rehabilitation or good conduct, the safety and welfare of the property and the people that the candidate will work with as well as the safety and welfare of the general public. When considering Section 752, employers are required to take into account, certificates of relief from disabilities, or certificates of good conduct that the candidate has received. These certificates may serve as proof to the candidatet’s rehabilitation in regard to the offense(s) he or she committed.

 

N.Y. COR. LAW § 754

In accordance to N.Y. COR. LAW § 754, an applicant with a criminal record history that is denied employment or licensure, has 30 days to request a written statement explaining the reason for the denial.

 

N.Y.C. 8-107(24)

In accordance to N.Y.C. 8-107(24),  employers in New York City may not inquire into credit history when making an employment decision, unless the position falls under an exception listed under N.Y.C. Admin. Code 8-107(24)

 

Intro 1253

In accordance to Intro 1253, It is an unlawful, discriminatory practice for an employer to inquire into or rely upon a job applicant’s salary history to determine what salary the candidate will receive in the applied-for position. The candidate’s salary history includes current or prior wage, salary, benefits or other compensation. Employers may, discuss with job candidates their expectations about salary, benefits and other compensation. If an candidate voluntarily discloses salary history to an employer, the employer may use that information.


Written on 2021-02-02 18:16:47 by larry coleman

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