Criminal background checks can seem complex. New York’s legal requirements and best practices can be confusing at first: What are you required to do? What should you do? Where do you start?

Here, we break down the basics of navigating criminal background checks in New York. We’ll provide an introduction so you can confidently screen potential employees and maintain a safe, trustworthy workplace.

New York Criminal Background Checks: Legal Basics

Criminal background checks can be affected by both state and federal law. For example, the federal Fair Credit Reporting Act (FCRA) protects consumer privacy when information is gathered during certain types of background checks. Among other provisions, FCRA contains a seven-year lookback period for arrest information. Title VII of the Civil Rights Act also contains rules that affect how employers use background checks.

In New York, state law also affects criminal background checks. Relevant state laws include:

• Fair Chance Act, which affects when employers can conduct criminal background checks and how other types of background checks should be conducted.
• Reporting Limitations on when arrests and certain convictions can be reported in a criminal background check,
• Discrimination laws affecting how employers may treat employees whose background check reveals a criminal conviction.

In addition, some localities have criminal background check laws. These include New York City, which has a more expansive version of the Fair Chance Act. NYC also passed the “Ban the Box” law, which prevents most employers from asking about criminal history on job applications.

Remember that laws change frequently. If you have specific questions about how a law applies, talk to an attorney licensed to practice law in New York.

Best Practices for New York Criminal Background Checks

Complying with federal, state, and local law offers an essential starting point. Other best practices include:

• Limit criminal background checks to essential positions and info.
• Wait to perform a criminal check until you make an offer.
• Institute a written policy for handling criminal background check information – including how you’ll protect applicants’ privacy.

Ensure Compliance and Confidence in Your Hiring Process

Whether you’re new to the process or looking to refine your current approach, knowing how to handle criminal background checks in New York is a must. For more information, contact Metrodata Services today!

Request a No-Obligation Background Screening Services Consultation