New York Background Check
Within New York, employers know that it is crucial to find the most reliable and competent candidates to fill vacant posts.
Suppose employers fail to conduct thorough background checks before the hiring process. In that case, they may be liable for legal liabilities in the form of negligent lawsuits against hiring companies and other damages.
A New York background check is essential for a successful onboarding and hiring process. Suppose you choose to work with a trusted supplier of background checks for employees for New York like The Koleman Group L.L.C. In that case, You are assured that you'll get complete current, FCRA-compliant, and accurate information on your candidates for employment.
We understand all of the various aspects of the employment background check process in New York. Therefore, we provide complete job background check reports each year for New York City, Albany, Buffalo, Rochester, and many more.
To assist you in understanding the legal requirements for New York pre-employment background checks, we have prepared an overview of how your company can comply with state and federal laws.
New York Employment Background Check Laws 2022: A Complete Overview
In the state of New York, consumer reporting agencies (C.R.A.s) such as The Koleman Group L.L.C. and employers are required to adhere to the local, state, and federal laws regarding background checks for employees, which include the data that is collected and used to make hiring choices.
If you fail to conform to the requirements of the employment background check laws, your business could be in danger of legal liability and other penalties.
Below, you will find a list of the most important laws that govern background checks before employment within New York are detailed for employers that depend on third-party C.R.A.s to collect details about candidates in the hiring process.
Federal Laws on Employment Background Checks
The Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964 are the two major Federal laws New York employers should understand in conducting background checks before hiring.
The FCRA is a broad federal law, first passed in 1970. Its goal is to safeguard consumers' privacy regarding data gathered by C.R.A.s, which includes details of prospective employees in an interview process. Following the FCRA, C.R.A.s are limited in the kinds of information that they can access and divulge as well as employers are limited in the types of data they can make hiring decisions.
In the FCRA, the seven-year period of lookback prevents C.R.A.s divulging information about arrests that are older than seven years in cases where the arrests did not result in convictions. Additionally, C.R.A.s are not permitted to divulge information on civil lawsuits or judgment liens, collection accounts, or bankruptcies that have a minimum of seven years old.
These restrictions do not apply to positions that pay a minimum of $75,000. Criminal convictions records can be obtained and reported regardless of age or the wages paid for the available positions.
Employers who conduct pre-employment background checks should inform applicants that they will conduct New York background checks in writing. They should also obtain the candidate's consent in writing before conducting a background check for employment in New York.
Suppose a negative background report on an applicant is disclosed in an employment background check report. In that case, employers must follow the FCRA's two-step adverse actions procedure before making a final hiring decision.
The Equal Employment Opportunity Commission (EEOC) is the body that promulgates and enforces rules per Title VII of the Civil Rights Act of 1964. This is an important law that prevents discrimination based upon protections granted to applicants or employees working in workplaces.
Title VII applies to criminal background information that could be uncovered in New York employment background checks. Per the guidance of the EEOC, employers must take a separate look at criminal history information for the specific tasks for which applicants are being evaluated before deciding not to accept them based on the information.
New York State Laws on Employment Background Checks
New York employers and C.R.A.s must comply with a variety of state laws governing background checks.
New York City Fair Chance Act is updated City's Fair Chance Act.
The law was amended in July of 2021. In addition, new York City amended its Fair Chance Act to expand the protections offered to applicants and employees with certain kinds of criminal information. According to the law in question, employers are now required to wait until a conditional offer of the job has been extended before conducting background checks on criminals.
Employers must separate their background checks before employment into two forms. The first one that can be carried out before a conditional offer of employment may include background information that is not criminal, like an applicant's work information, education level, and references.
A second copy of the report should contain the applicant's criminal background details. If there are convictions, employers must go through their Fair Chance process before deciding to employ the applicants.
Arrests not resulting in Convictions.
In N.Y. General Bus Law SS380-J (2019) The C.R.A.s can not provide information regarding arrests that don't result in convictions unless the cases are still pending. The law also prohibits reports of alcohol or drug dependence records more than seven years old, satisfied judgments with a validity of older than five years, and detention in mental institutions that are more than seven years old, or retail thefts with written confessions that are not coerced and signed.
The statute also prohibits the filing of criminal convictions that delay the report date by more than seven years. However, the limitation on time does not apply to jobs that pay at least $25,000.
Article 23A in the New York Corrections Law includes several laws regulating how applicants treat employers with one or more criminal convictions before them.
Discrimination in Criminal Convictions
According to NY Corr L SS 752 (2019), employers are permitted to not discriminate against applicants who have any criminal convictions if the convictions directly relate to the job or the candidate's hiring puts other employees at danger of harm.
Employers are required to consider several aspects according to the NYCorr L. SS. 753 (2019 when an applicant is convicted of one or more convictions for criminal offenses, which include:
- Public policy that encourages the employment of those who have been convicted of a crime.
- The specific responsibilities and duties
- The conviction is based on the ability of the person being accused of performing any of the tasks or duties.
- How long since the decision?
- The person's age at the time the crime was committed
- The severity of the offense
- Any other information that can be used to mitigate the situation provided by the applicant who has demonstrated good behavior and rehabilitation
- The assessment must be done on a case-by-case basis, and employers must consider every aspect separately when deciding whether or not to employ the candidate.
- If an applicant with criminal records is refused the job, the applicant must be allowed 30 days to request reasons for the denial decision under NY Corr L 754 SS (2019).
Employers are in New York are prohibited from soliciting the salary history of prospective employees. The law came into effect in January. 6, 2020.
New York Local and Municipal Laws and Regulations
Numerous municipalities and counties within New York also have laws covering background checks before employment.
The Fair Chance Act was enacted in New York City, and the city council extended the scope of the Fair Chance Act. In the context of N.Y.C. Admin. Code S.S. 8-107(10)-(11) Private and public employers cannot discriminate against applicants who have been convicted of a crime to gain employment without conducting the evaluation that is required by art. 23A. New York Corrections Law.
Employers are also prohibited from asking applicants for information about arrests and convictions that didn't result in convictions. Likewise, they cannot inquire about criminal records on application forms. The New York City "ban-the-box" law applies to companies that employ more than four employees.
In Buffalo, employers are required to adhere to the city's ban-the-box ordinance, which is contained within Buffalo City Code Section 54-25. In these laws, businesses cannot inquire about criminal convictions in applications or during the interview process for the job.
Rochester has a ban-the-box law that is found in Roch. Mun. Code SSSS63-12 - 63-15. According to this code, employers cannot inquire regarding criminal background information in applications until the first interview.
Employers located within New York City may not conduct credit checks on prospective employees or employees unless they are in jobs that require credit checks under federal or state law under the N.Y.C. Human Rights Law.
What comes up on a New York State Background Check?
If you conduct an employment background check in New York, the type of information you find will depend on the information you want. When you join forces together with The Koleman Group L.L.C., you can tailor the background check requests only to be provided with the kind of information that you require.
Although the types of the requested information may vary, most New York employers ask for criminal history reports, proof of employment, and confirmation of education. Below is a short description of what you can expect to see for these kinds of reports.
Criminal History Reports
If an applicant is convicted of a crime, the record of criminal background will include the following details:
- Case number
- Date of arrest
- Date of disposition
- The severity of the crime (misdemeanor or even felony)
- Sentence information
Information on sealed records cannot be reported.
Request the details of employment for the applicant to be confirmed. You'll be able to view every previous employer with which the applicant was employed and the titles the employee had, and his dates of employment at each firm.
Employment verification lets you confirm that applicants have the required qualifications for the job they are applying to. It can also help you ensure that your applicants are reliable and loyal.
Checking the educational records of a candidate allows you to verify all the schools they attended, the dates of attendance, and all certificates, diplomas, or degrees that were awarded.
Employers can verify that applicants have accurately reported their education and qualifications. It also helps protect employers from possible lawsuits for negligent hiring.
How far back does a Background Check Go within New York?
The seven-year lookback period of the FCRA restricts the time that adverse information is reported and used to make hiring decisions of applicants within New York. Arrests older than seven years that do not result in convictions won't be recorded.
Liens, civil judgments, collections records, and bankruptcies are not recorded if they are more than seven years old before employment background check reports.
The FCRA's rules do not apply to employment with a minimum salary of $75,000. The disclosure of criminal convictions is not limited by the seven-year lookback period.
Background report data about the candidate's education, work experience, and qualifications are not subject to the FCRA. This kind of information can be reported and used regardless of the candidate's age.
What can I do to get a New York State Background Check?
For New York, individuals can request copies of their personal New York state police records from the Division of Criminal Justice Services. However, this is an individual records review and not for background checks on applicants.
Employers looking to perform a New York criminal records search must submit their requests via the New York Office of Court Administration. This system is dependent on a precise date of birth and match of the name. This report can only reveal the pending cases and convictions in New York State. New York.
The justice system will not reveal any other crucial information needed for background checks for employees, for example, educational or employment documents. The information will also not include convictions in other states or jurisdictions and limited information from towns and villages.
If you search on the internet, you may come across companies that advertise background checks that are free in New York. However, it is best to steer clear of these sites and services.
The information provided by these kinds of service providers can be incorrect, outdated, or not FCRA-compliant. If you rely on this kind of information to make hiring decisions, your company could be in danger of financial penalties and legal liability.
Public records that are free within New York may also provide the information you're not permitted to use to make hires.
Instead of relying on any of these options, you should partner with a reputable and FCRA-compliant before employment background check company like The Koleman Group L.L.C. Our background checks for employees are precise, thorough, and completely in line with the federal, state, and local regulations.
What is the Cost of a Background Check cost for New York?
If you make an application to the New York Office of Court Administration, you will be required to pay $95 per document. However, the information you may receive will comprise New York state criminal history information. It will not contain criminal records from outside the state or any other vital information needed for your job.
If you attempt to collect all the pertinent background check information on your own, you'll have to submit numerous requests to various institutions or agencies, and employers. This could be a long procedure that can cost significant sums of money.
Relying on websites that offer no-cost pre-employment background check reports in New York could result in massive losses due to the courts and fines.
The best way to gather details is to use an accredited, FCRA-compliant background check company like The Koleman Group L.L.C.
When you join together with us, we will select the kinds of details you require to fulfill your duties by tailoring your needs.
We have packages available at various cost levels, a wide range of reports, and an array of clinical services, such as screening for drugs before employment.
If you're planning to purchase background checks for pre-employment in large quantities, it is possible to benefit from substantial discounts. Get in touch with The Koleman Group L.L.C. today to find out more information and receive a no-cost, no-obligation quote.
What time will it take to get a Background Check completed within New York?
The method you select for conducting background checks before starting your job will determine how long it will take you to get the background information.
If you make your request via the office of court administration's direct access website, the state typically will respond to your request on the next day of business. But, this report will only be available for New York state criminal records, and the information for villages and towns are not included. In addition, this information will not include details about convictions in other states or data regarding education or employment.
If you are trying to gather data by contacting various institutions, agencies, or employers, it could take several weeks before you obtain all the information you require.
If you choose to work together with The Koleman Group L.L.C., you will receive complete information fully compliant with laws with an expedited turnaround time. We can deliver information in only a couple of hours, or several days.
The Koleman Group L.L.C. Your trusted partner for fast, accurate, and Compliant New York Background Exams
New York employers will need access to all relevant documents for comprehensive, precise, and FCRA-compliant background checks. Unfortunately, most employers don't have the resources or time required to conduct this kind of job.
When you join The Koleman Group L.L.C., you'll benefit from our access to a wide range of information and resources that will help you gather all the information you need to make quick and sound hiring choices.
Our staff members undergo intensive training and know the right methods to gather and analyze crucial details for job seekers. When you partner with us, you'll be sure that the information we provide conforms to regulations of the FCRA as well as other regulations and is thorough and reliable.
At The Koleman Group L.L.C., we place customer service as our top priority. We are based in the United States and do not outsource our services to ensure the security and privacy of your personal information. We can help with any questions you may have and respond quickly to any inquiries.
Get in touch with The Koleman Group L.L.C. today to find out more about how we can assist you in simplifying your hiring process by scheduling a free, no-obligation consultation.
Disclaimer: The materials provided on this site are intended for educational use only and are not legal advice. Talk to your lawyer for legal concerns regarding your particular practices and compliance with applicable laws.
Updated on 2022-06-07 21:33:49 by larry coleman