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New York Background Check Laws: What Employers Need to Know
New York combines detailed statewide reporting restrictions with some of the strictest city-level hiring rules in the country, particularly in New York City. Relevant across the state's finance, healthcare, and media industries, here's what applies whether you're hiring in New York City, Buffalo, or Rochester.
Statewide Reporting Time Limits
Convictions are reportable for 7 years from the date of disposition, release, or parole. That limit comes with an exception: it doesn't apply when the report is used for the employment of someone at an annual salary of $25,000 or more, which covers most full-time roles. Satisfied judgments are reportable for 5 years. Confinement in a mental institution and evidence of drug or alcohol addiction can't be reported beyond 7 years. Released tax liens arising from bulk business sales are reportable for only 30 days.
Non-Conviction Records
Consumer reporting agencies can't report an arrest or criminal charge unless it resulted in a conviction or the charges are still pending. Employers and landlords also can't consider non-conviction information, with narrow exceptions for pending actions, youthful offender adjudications, and sealed records under state criminal procedure law.
Sealed and Youthful Offender Records
Sealed records, including violations, infractions, unclassified misdemeanors, cases over 5 years old without a disposition, and misdemeanor marijuana possession violations, are off-limits. Youthful offender eligible pending cases fall under separate protections as well.
Polygraph Results
Consumer reporting agencies can't report the results of a polygraph examination or similar device.
Retail Theft Reporting
Retail theft can only be reported if the consumer signed an uncoerced admission of wrongdoing and the retail store provided advance notice that the information may be furnished to a CRA and used for employment purposes, including how the consumer can dispute it.
New York City: Fair Chance Act
NYC employers with 4 or more employees, including contractors and family members, can't inquire about criminal history until after an offer of employment has been made. A criminal record review must be the last item considered when qualifying an applicant, and NYC requires employers to apply both the city's and the state's analysis models when evaluating a record.
New York City: Credit and Salary History
NYC prohibits employers with 4 or more employees from using consumer credit history in hiring, except where a credit check is required by federal or state law. NYC also prohibits asking about salary history at any stage of the employment process, and prohibits relying on salary history the employer already knows when setting pay. If a candidate volunteers the information without prompting, the employer may verify it.
Buffalo and Rochester
Buffalo has had a Ban-the-Box ordinance since 2014, covering employers located within city limits with 15 or more employees, prohibiting criminal history questions before the first interview. Rochester enacted a similar law modeled on Buffalo's later that year.
Social Security Number Use
A consumer must consent to use of their Social Security number for background screening, with an exception for employment purposes and criminal record checks. Tenant screening and other purposes require consent if information beyond criminal records is obtained, such as a credit report.
Landlord Signage Requirement
New York City requires businesses handling residential rentals to post a specific notice about tenant screening reports, with prescribed heading size and disclosure language about whether and how such reports are used.
Negligent Hiring Protection
Employers who follow Article 23-A of New York Correction Law in their hiring decisions gain protection from negligent hiring evidence being admitted in court. Article 23-A doesn't apply to law enforcement employment.
Pass-Through Fees for New York Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (NY State Division of Criminal Justice Services; public alternative via Office of Court Administration) | $95.00 for a statewide court records name search via OCA, covering convictions only |
| Motor vehicle record | $7.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from New York Employers
Are New York City's rules different from the rest of the state?
Substantially. NYC adds a conditional-offer requirement, a credit history ban, and a salary history ban for employers with just 4 or more employees, on top of statewide reporting limits.
How much does a statewide criminal check cost in New York?
$95.00 through the Office of Court Administration for a statewide court records name search, which is among the higher statewide fees in the country.
Can arrests without convictions show up on a New York background check?
No, unless the charges are still pending. Closed non-conviction matters generally can't be reported or considered.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
