State Resources

New York Background Checks | NCS

Written by tammy | Sep 27, 2023 6:25:35 PM

 

 

 

Background Checks

NCS makes navigating New York background checks easier! Whether you work in financial services, health care, retail, professional business services, manufacturing, aviation, nanotechnology, media and entertainment or a different industry, background checks are a critical part of the hiring process.

 

Accessing Criminal Records

In New York, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.

Employers are not allowed to ask about or consider arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction, may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.

In New York, consumer reporting agencies, like National Crime Search, can’t report non-conviction records (except for pending cases) or convictions that are more than seven years old. There is an exception to the timeframe for jobs with salaries more than $25,000 annually. State law also restricts how New York employers can use employment credit reports and drug screenings in making hiring decisions.

New York laws require employers to follow several steps for notifying candidates if their criminal histories lead to adverse hiring decisions. This law follows the Fair Credit Reporting Act, which all employers must follow nationwide.

As we’ll explore, the state and a handful of cities and counties have enacted limited ban-the-box laws, which must be considered to remain compliant when conducting background screening in certain jurisdictions. New York City has adopted additional laws regarding pre-employment screening.

 

 

 

 

Drug Screening

In New York, the Marijuana Regulation and Taxation Act restricts pre-employment cannabis testing statewide. Job applicants can only be tested for cannabis under the following circumstances:

  • State or federal law requires cannabis testing for the position (such as a driving job regulated by the Department of Transportation or a job involving public safety); or 
  • Failing to conduct cannabis testing would otherwise violate federal law or cause the employer to lose federal funding or a federal contract. 

With a few easy steps, your employees can schedule their drug screen at a collection site they choose at a time that is convenient for them. DOT testing and random testing are also available.

 

 

Electronic Form I-9 & E-Verify Management

NCS can help you comply with the law with our easy-to-use system that guides and stores new hire Form I-9s online and returns E-Verify results instantly.

 

 

 

Ban the Box Policies – State, Municipal and County 

New York has enacted several laws and ordinances – both statewide and jurisdictional – that incorporate Ban the Box, which prohibits employers from asking applicants about their criminal history on job applications. In February 2015, the governor signed an executive order banning the box from all state employment applications. Similar legislation followed in several cities and counties throughout the state.

They include: Buffalo, Dutchess County, Kingston, Newburgh, New York City, Rochester, Suffolk County, Syracuse, Tomkins County, Ulster County, Westchester County, and Woodstock.

Since the extent of these county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.

New York City Laws

Under the New York City Fair Chance Act, employers are restricted from conducting criminal background checks until after a conditional offer of employment has been made. The law applies to any employer with four or more employees if at least one of them works in New York City. There are exceptions if state or federal law prohibits individuals with criminal records from holding certain jobs. 

Most New York City employers are prohibited from checking job applicants’ credit or asking questions about credit history when making employment decisions. The law applies to any employer with four or more employees. Credit information can be used in hiring decisions only for police and peace officers and executive-level jobs that control finances, computer security, or trade secrets. 

 

 

 

 

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Navigate State Background Checks and Compliance with NCS

Enjoy an expedited, compliant and informed hiring process with National Crime Search's comprehensive Criminal Background Checks.

Contact us today to learn how our services can seamlessly integrate with your HR needs, and help you hire with confidence and peace of mind about the regulations that apply to your organization.

 

 
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