An Employer’s Guide to New York Background Checks

Finding the right person for the job requires many tools. Background checks are one tool that helps employers make informed hiring decisions. These screenings cover a candidate’s relevant history to evaluate their qualifications and suitability for the role.

Background checks help employers evaluate potential hires by returning essential information about their criminal, employment, and educational history, among other things. Before conducting them, employers must know how these checks work and how to maintain compliance.

This guide covers everything you need to know about New York background checks: what they show, how far back they go, how long they take, and what regulations affect them.

What Is a New York State Background Check?

A New York background check is a process used to investigate an applicant’s or employee’s past. These screenings verify an applicant’s identity and examine information relevant to the job, including but not limited to criminal, educational, and employment history.

Companies most often use background checks during the onboarding process. Employers conduct various searches to verify that a candidate is who they claim to be and examine their past to make informed hiring decisions. These screenings confirm an applicant’s credentials and provide insight beyond what is written on a resume.

Most screenings occur before hiring, and the extent of the screening is typically dependent on the scope of the role. For example, managerial roles require greater responsibility than entry-level positions, so managerial candidates are often subject to more extensive searches.

Substantial screenings are also given to those applying for caring positions. EMS personnel, caregivers, first responders, and other similar roles working with vulnerable populations, such as children and the elderly, must be thoroughly vetted to protect these communities.

A thorough background check program promotes a safe work environment, reduces risk, and upholds the company’s integrity. Conducting the proper search for specific roles is essential to hiring the right personnel. Common searches include criminal background, credit, and education checks.

What Does a New York State Background Check Show?

New York background checks show different information depending on the search conducted. Search types include criminal record, driving record, education, employment, and professional license checks.

• Criminal History: Criminal history checks delve into an applicant’s criminal convictions and pending criminal cases. Results show the offense date, type, and severity. Employers use this information to decide if the applicant is ideal for a role.
• Civil Court Checks: Civil court checks show lawsuits, foreclosures, restraining orders, and other civil matters linked to the applicant. Employers typically conduct these searches to fill financial and managerial positions.
• Credit Background Check: Credit background checks review a candidate’s credit history, including payment history, accounts in collections, and bankruptcies. Employers conduct these searches to fill roles requiring financial responsibility.
• Employment Verification: These checks confirm the information a candidate provides regarding their past employment. These checks show past employers’ names, addresses, contact information, employment dates, and positions. These checks can also show employment gaps and omitted employers to see if an applicant has been transparent.
• Education Verification: Education verification investigates details regarding an applicant’s education. These searches reveal past schools, including institution names, addresses, contact information, attendance dates, and certificates awarded. Education verification confirms an applicant’s qualifications and their honesty regarding them.
• Identity Verification: This confirms an applicant’s name, address, Social Security number, and birth date. These checks deter identity theft by verifying a candidate is who they claim to be. Identity verification also reveals if a stolen identity has been used to apply.
• Social Security Number Trace: A Social Security number (SSN) trace provides the date and state an applicant’s SSN was issued, names and addresses linked to it, and its validity. Employers use SSN traces to ensure the number belongs to the applicant.
• Professional License Verification: Professional license verifications are conducted for roles requiring a professional license. These checks detail the issue date, license type, expiration date, and validity. Employers verify candidates’ qualifications and evade negligent hiring claims with professional license verifications.
• Sex Offender Registry Search: These checks reveal if a candidate is a registered sex offender at the time of the search. These searches reveal the individual’s aliases, address, conviction state, and telling characteristics. Employers use these checks to fill positions working with vulnerable populations, such as children.
• Pre-Employment Drug Test: Employers implement pre-employment drug test programs to promote a drug-free workplace. These programs typically use 5-panel drug tests that detect amphetamines, cocaine, opiates, PCP, and THC in the candidate’s urine. Drug test results reveal if the candidate recently used drugs, but not if they have or will abuse substances.
• Motor Vehicle Records Check: Motor Vehicle Records (MVR) checks are conducted for positions requiring vehicle operation. MVR checks show the applicant’s driver’s license information, traffic violations and crimes, and any points or suspensions. Employers conduct these checks to verify an individual’s driving record and ensure they are qualified and insurable.
• Social Media Checks: Social media checks gain insight into a candidate’s behavior outside of the workplace. While not commonly part of background checks, employers may conduct these checks to attain a more relaxed view of applicants.

How Far Back Can a Background Check Go In NY?

Per the Fair Credit Reporting Act (FCRA), background checks can go seven years into an applicant’s history for arrests, accounts in collections, civil lawsuits, judgments, and liens. Bankruptcies cannot be reported after ten years. There are, however, a few conditions.

The seven-year lookback period only applies to jobs offering less than $75,000 per year. For positions offering a salary greater than this, employers can examine records since the applicant turned eighteen. Employment, education, or professional license details can be reported anytime.

How Long Does a New York State Background Check Take?

The time it takes to complete a New York background check depends on the extent of the search. Many New York background checks can produce results in one business day.

New York background checks deal with a complex court system. New York City contains civil courts, criminal courts, and supreme civil and criminal courts. The rest of New York has supreme, county, district, city, town, and village courts, and several only keep records locally. Navigating New York’s court system alone could severely reduce turnaround times.

Conducting background checks yourself can significantly lengthen turnaround times. Not to mention, contacting past employers, searching through court records, and verifying information can greatly burden your HR team.

Outsourcing background checks to reputable consumer report agencies can streamline the screening process. ScoutLogic offers a thorough background check program that maximizes efficiency, accuracy, and compliance.

Criminal Records Check

Federal background checks take about one day to complete. However, many employers also conduct state and county-level searches for more thorough results. These searches may add several days to the turnaround time.

Motor Vehicle Records Check

MVR checks are typically completed within minutes. Most driving records are maintained digitally, which authorized employers or background check companies can access. The process may take longer in states where records are digitized, as you’ll have to request an MVR through a government agency. Requesting a certified MVR can take a few weeks, as they may need to be requested by mail.

Education Verification

Education verification can take anywhere from a few minutes to a few days. Information stored in the National Student Clearinghouse can be accessed fairly quickly. However, the process takes longer when requesting information that has not already been stored in the database because the NSC must contact the institution directly.

Employment Verification

Employment verification can take anywhere from a few minutes to a few days. If the applicant’s employment records are stored within The Work Number, verification will take minutes. If not, verification can take days to contact former employers directly.

New York State Background Check Laws & Requirements

Lots of New York employers are required to implement background checks by law, while many conduct them by choice to uphold a safe environment. New York employers conducting background checks must be wary of federal and state laws to avoid legal troubles.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law aimed at background check providers reporting information for employment background checks. Enforced by the Federal Trade Commission (FTC), the FCRA protects consumer privacy by limiting the information collected by consumer reporting agencies.

Under the Fair Credit Reporting Act (FCRA), credit reporting agencies (CRAs) cannot include certain negative information in background checks for jobs paying less than $75,000 a year. Specifically, they cannot report arrests that didn’t lead to a conviction, civil lawsuits, liens, or judgments if they are over seven years old. Bankruptcies must be removed after ten years. However, these time limits do not apply to jobs with salaries over $75,000.

CRAs are allowed to report other background information pertaining to an applicant. New York employers partnering with third parties for screening services must adhere to FCRA guidelines.

Employers must give an applicant written notification of their intent to perform a background check and receive the applicant’s consent. The FCRA guides employers on how to handle negative information found on a background check.

Employers also need to complete the adverse action steps and provide applicants with their FCRA rights before refusing employment based on background check results.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 bars employers from discriminating against candidates based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces this law and guides employers in handling arrest and conviction information found in screening results.

Per EEOC’s guidance, employers must assess criminal records individually and evaluate them in relation to the job description before disqualifying a candidate based on background check results.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act restricts federal agencies and contractors from inquiring about criminal history on applications. These employers cannot ask about criminal records until after a conditional employment offer.

Employers filling roles requiring criminal record checks under federal or state law are exempted from this law.

Driver’s Privacy Protection Act

The Driver’s Privacy Protection Act is a federal law that limits who can request an individual’s driving record and other DMV information and regulates how that information can be collected, shared, and used.

New York Human Rights Law § 296.16

Employers are prohibited from asking applicants to disclose information about the following arrests:

• Those dismissed per Criminal Procedure Law § 160.50
• Those resulting in a Youthful Offender Adjudication per Criminal Procedure Law § 720.35
• Those resulting in a conviction for a violation, which was sealed per Criminal Procedure Law § 160.50 or CPL § 160.55
• Those resulting in a conviction which was sealed per Criminal Procedure Law §160.58

Employers cannot deny employment based on this information. Exceptions are made if required or permitted by state or federal law.

New York General Business Code § 380-J

Under NY Gen Bus L § 380-J, consumer reporting agencies (CRAs) are prohibited from reporting arrests that did not lead to a conviction, unless the case is still pending. The law also forbids including information about an individual’s race, religion, color, ancestry, or ethnic origin.

The statute limits the reporting of satisfied judgments over five years old, and prohibits reporting detentions for retail theft unless the individual provided a voluntary, uncoerced written confession, was given written notice that the information could be shared with a CRA for employment purposes, and the information is used solely for that purpose. These restrictions do not apply to employment positions with an annual salary of $25,000 or more.

New York Corrections Law § 752

Under NY Corr L § 752, employers can’t discriminate against applicants with criminal convictions unless those convictions relate to the job directly, or hiring the individual would create an unreasonable risk to others.

Article 23-A of New York Corrections Law § 753

Under Article 23-A of NY Corr L § 753, employers must consider the following factors when a candidate has a criminal conviction:

• The public policy to encourage the employment of individuals with criminal convictions
• The specific duties related to the position
• The conviction’s relation to the applicant’s ability to perform the duties
• The time since the conviction
• The age of the applicant at the time of the offense
• The seriousness of the offense
• Information regarding the applicant’s rehabilitation and good conduct
• The employer’s legitimate interest in protecting property and the welfare of others.

New York Corrections Law § 754

Applicants with criminal convictions who are denied employment may request a written statement explaining the reason for the denial. Employers are given 30 days from the request to provide the written statement.

New York Labor Law § 194-A

Employers are not allowed to ask about a candidate’s past salary or use it to decide how much to offer for a new position. They can speak to the applicant about their expectations and use any salary history voluntarily disclosed by the candidate.

Marihuana Regulation and Taxation Act (MRTA)

Applicants can only be tested for cannabis if state or federal law requires cannabis testing for the role or if failing to test for cannabis would violate federal law or result in a loss of federal funding or a federal contract.

Frequently Asked Questions

What Is the 7-Year Rule for Background Checks in NY?

Under the FCRA, CRAs cannot report civil lawsuits, judgments, liens, or accounts in collections to employers offering less than $75,000 annually until after seven years. Under NY Gen Bus L § 380-J, drug or alcohol addiction or mental institution confinement older than seven years cannot be reported to positions offering less than $25,000.

Final Thoughts

Background checks are essential to hiring the right personnel, but can be difficult to navigate. From deciding the type of search to conduct to knowing which laws apply, screening applicants can be a challenging task. Teaming up with a reputable background check company ensures high-quality results while maintaining compliance.

ScoutLogic can streamline your screening process with quick and accurate results. Our background check services fulfill your every need, providing all the information you need to acquire qualified talent and adhere to rules and regulations. Learn more about our background check services and get in touch today.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.