Background Check in New York: Laws & Screening Requirements

Have you ever wondered about someone’s past, perhaps before making a hire, renting out your apartment, or even before a first date? 

That’s where a background check comes in handy. It is a process to verify that an individual is who they claim to be. This verification can include checking criminal records, employment history, education, and other past activities to ensure safety and authenticity.

In New York, if you’re an employer, a landlord, or simply curious, it’s important to understand how background checks work because of the state’s specific legal rules. In this guide, you’ll find everything you need to know about conducting a background check in New York.

What Is a New York Background Check?

A New York background check is a process used to verify a person’s identity and uncover key details about their past. This can include checking criminal records, employment history, education, and more. These checks are important for various purposes, such as hiring new employees, screening tenants, or even checking on new acquaintances.

In New York, background checks ensure safety and trust. Employers use them to make informed hiring decisions and protect their business. Landlords use them to ensure tenants are reliable, and individuals use them to verify personal connections.

What Are the Background Check Laws in New York?

Here are some key laws related to background checks in New York:

• New York General Business Code § 380-J: This law regulates consumer reporting agencies and the use of consumer reports for employment purposes. It sets guidelines for how background check information can be collected, shared, and used, ensuring that reports are accurate and used fairly.
• New York City Fair Chance Act: In New York City, the Fair Chance Act prevents most employers from asking about an applicant’s criminal record until they’ve made a job offer. This law aims to reduce discrimination against people with criminal histories and ensure fair job opportunities.
• New York Corrections Law § 754: This law focuses on rehabilitating and supporting the employability of individuals with criminal records. It requires employers to consider factors like the nature of the crime and the time passed since the offense when assessing applicants with criminal histories.
• New York Human Rights Law § 296.16: Under this law, employers are prohibited from discriminating based on an arrest that did not lead to a conviction, or on a sealed or expunged criminal record. This protects the rights of individuals who have these types of records
• New York Corrections Law § 753: This statute outlines factors employers must consider when evaluating an applicant’s criminal history, including the nature of the crime, its relevance to the job, and evidence of rehabilitation. This ensures fair treatment of applicants with past convictions.
• New York City Stop Credit Discrimination in Employment Act: This law limits employers from using an applicant’s credit history in hiring decisions, except for specific roles. It aims to prevent discrimination based on financial status and ensures that credit history does not hinder employment opportunities.
• New York Corrections Law § 752: This law prohibits denying employment solely because of criminal conviction unless it directly relates to the job or poses an unreasonable risk. It promotes a balanced approach to evaluating criminal records in employment decisions.
• Ban the Box: As part of the Fair Chance Act, this initiative removes questions about criminal history from initial job applications. Employers can only ask about criminal records after making a conditional job offer, aiming to eliminate discrimination in the early stages of hiring.
• Fair Credit Reporting Act (FCRA): The FCRA is a federal law that also applies in New York, setting standards for background checks conducted by third-party agencies. It requires employers to obtain written consent from candidates and to provide them with a copy of the report if any adverse action is taken based on its contents.
• New York Labor Law § 194-A (Salary History): This law prohibits employers from asking about an applicant’s salary history during the hiring process. It aims to promote equal pay and prevent wage discrimination based on past earnings.
• Guidance on Marijuana Use: Recent guidance from New York City and State prohibits most employers from testing for marijuana in pre-employment drug screenings, reflecting changes in the legal status of marijuana. This guidance helps align hiring practices with current laws.

How Do I Get a State Background Check in New York?

Getting a state background check in New York involves a few straightforward steps:

1. Visit the New York State Division of Criminal Justice Services (DCJS) website: Start by accessing the official DCJS site to get the required information and forms.
2. Download the application form: Complete the form with the necessary details about the person you are checking.
3. Get fingerprints taken: Visit a local fingerprinting service or a police station to have your fingerprints taken. Ensure you bring the completed form with you.
4. Submit the form and fingerprints: Send the completed form and fingerprint card to the DCJS, either by mail or electronically if available.
5. Pay the required fee: Include payment for processing the background check. Fees may vary based on the type of check requested.
6. Wait for the results: The DCJS will process your request and send the background check results to you.

What Shows up on a New York  Background Check?

A New York background check can reveal various types of information, depending on the type of check conducted. Here are some common types and what typically shows up:

Education Background

Education verification confirms the academic credentials a person claims. It involves checking schools attended, degrees earned, and graduation dates. Employers use this to ensure candidates meet job requirements. Verifying education helps uncover any false claims, ensuring candidates have the necessary knowledge and skills for the role.

Driving Record Checks

Driving record checks show a person’s driving history, including license type and status, suspensions, revocations, and motor vehicle-related offenses, such as driving under the influence (DUI). This information is particularly important for positions that involve driving responsibilities.

Employers must ensure their drivers have a safe driving record. These checks highlight any risks linked to hiring someone with a history of unsafe driving.

Criminal Background Checks

Criminal background checks reveal any past criminal activities, including arrests, charges, and convictions. This type of check is essential for assessing the safety and trustworthiness of an individual, especially for roles that require a high level of security or involve vulnerable groups.

These checks reveal misdemeanor and felony convictions, ongoing criminal cases, and sometimes arrest records. Knowing a person’s criminal history informs decisions about their suitability for a position.

Drug Testing

Drug testing detects evidence of current or past use of illegal and prescription drugs. In New York State, pre-employment cannabis testing is generally not allowed, except when safety is a concern.

Employers conduct drug tests to ensure a safe and efficient workplace, particularly in industries where drug use could affect job performance and safety.

Civil Court Searches

Civil court searches reveal past lawsuits, judgments, and other non-criminal legal matters. This information is valuable for assessing a person’s financial and legal obligations, especially for landlords and businesses.

Understanding past civil cases helps evaluate potential risks and provides insight into an individual’s complete legal history. This knowledge supports informed decision-making.

Employment Verification

Employment verification reports previous employers, positions held, and employment dates. This step is important for ensuring that a candidate’s resume is accurate and truthful. Employers rely on this information to verify that the candidate has the experience they claim.

This process can reveal employment gaps or inconsistencies in the candidate’s job history, aiding employers in assessing their reliability and honesty.

Credit Background Checks

Credit background checks reveal a person’s financial history, including payment history, accounts in collections, and bankruptcies. This type of check is often used for positions that require financial responsibility, helping employers assess the financial stability and responsibility of a candidate.

Employment credit checks show patterns of financial behavior, like late payments or high debt levels. This helps employers make informed decisions, especially for roles involving money or sensitive financial data. Understanding an individual’s financial history is crucial for assessing their suitability for such positions.

What Shows up on a New York CORI Check?

A New York CORI (Criminal Offender Record Information) check provides a detailed overview of an individual’s criminal history. Here’s what typically shows up:

• Misdemeanor convictions
• Felony convictions
• Pending criminal cases
• History of incarceration as an adult
• Arrests pending prosecution
• Active warrants
• Infractions

These checks are important for private employers, landlords, and others needing to accurately assess the criminal background of an individual.

Additionally, a New York CORI check can include information on:

• Parole statuses
• Probation statuses

This detailed criminal history helps organizations make informed decisions regarding employment, housing, and other critical areas, ensuring they meet legal and safety standards.

How Far Back Does a CORI Check Go in New York?

In New York, employment background checks generally cover the past seven years, aligning with the Fair Credit Reporting Act (FCRA). This means adverse information older than seven years typically cannot affect hiring decisions, promoting fairness for applicants.

However, certain records like criminal convictions may be reportable for longer periods based on their seriousness and relevance. Employers must grasp these regulations to comply with state or federal law, and uphold fair hiring standards.

How Far Back Does a Background Check Go in New York?

In New York, employment background checks typically cover the last seven years, following the Fair Credit Reporting Act (FCRA) guidelines. This means that most adverse information older than seven years cannot be reported or used in hiring decisions, ensuring fairness for job applicants.

However, certain types of records, like criminal convictions, can be reported for longer periods depending on their severity and relevance to the job. Employers should be aware of these limits and ensure their background checks comply with federal law and state regulations to maintain fair hiring practices.

How Long Does a Background Check Take in New York?

The turnaround time for background checks in New York varies depending on the type of check. Basic criminal background checks can take one business day to a few days. More comprehensive checks, including employment and education verification, can take longer, typically one to two weeks.

Factors such as check thoroughness, past employer or school response times, and complexity of the individual’s history impact processing. Employers should plan and begin pre employment background checks very early to prevent hiring delays.

How Much Does a Background Check in New York Cost?

The cost of a background check in New York varies based on its scope. Basic criminal checks from the New York State Division of Criminal Justice Services cost about $25. More comprehensive checks, including employment, education, and credit, range from $50 to $100.

Additional fees might be charged for more detailed investigations or faster processing. Employers should plan their budget accordingly and select the appropriate level of background screening that meets their requirements and complies with state and federal laws.

Where To Get A Background Check In New York?

In New York, you can get background checks in different ways. The New York State Division of Criminal Justice Services offers state-level checks with criminal history records, which are crucial for employers seeking reliable information.

For more basic and quick checks, many people prefer private online services. These sites often deliver faster results and comprehensive reports, making them ideal for those needing thorough background checks for personal purposes.

Best Background Check Services in New York

Here are the top options that provide detailed and accurate information quickly and easily.

1. TruthFinder – Best for Detailed Searches
2. Instant Checkmate – Best for Quick Checks
3. BeenVerified – Best for Straightforward Checks

1

TruthFinder

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TruthFinder is an excellent option for quick and complete searches. It offers comprehensive reports that cover various aspects of an individual’s history. To screen a new hire, check on a neighbor, or reconnect with an old friend, TruthFinder provides thorough and reliable information.

Pros

• Detailed and thorough reports
• User-friendly interface
• Wide range of public records

Cons

• Requires a subscription for full access
• Some information may be outdated
• Non-FCRA compliant

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2

Instant Checkmate

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Instant Checkmate is your go-to service. Known for its fast results, the service provides essential information efficiently. This makes it perfect for those needing rapid background checks for last-minute decisions. You can easily access criminal records, address histories, and more.

Pros

• Fast results
• Simple and easy-to-use website
• Mobile app available

Cons

• Subscription required for detailed reports
• Some data may not be fully accurate
• Non-FCRA compliant

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3

BeenVerified

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BeenVerified stands out. It offers easy insights into various aspects of a person’s background, making it simple to understand. From criminal records to social media profiles, BeenVerified compiles all necessary information in a clear and user-friendly format.

Pros

• Very easy to use
• Affordable pricing
• Mobile app available

Cons

• Some records might be incomplete
• Full access requires a subscription
• Non-FCRA compliant

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Final Note On New York Background Check 

Understanding the background check laws in New York is crucial for various purposes such as employment screening, tenant verification, and personal safety. These laws ensure fair hiring practices and protect applicants’ rights, making it important to stay informed and compliant. 

Using trusted background check services like TruthFinder, Instant Checkmate, and BeenVerified provides accurate information, helping you make well-informed decisions.

Additionally, familiarity with these laws helps individuals and organizations navigate legal requirements effectively. For employers, conducting background checks following state regulations ensures they hire qualified candidates fairly. Similarly, landlords can verify potential tenants responsibly, promoting safe and reliable rental agreements. 

Individuals seeking background information can use these services to protect themselves and make informed choices in various personal matters. By staying updated on local laws and using reliable resources, everyone involved can contribute to a more secure community environment in New York.

Disclaimer: Some background check sites are just for personal use and conducting basic people searches. Others, such as those used by potential employers, must comply with the Fair Credit Reporting Act (FCRA). This law limits the types of information you can find on other people. If you’re an employer or landlord using a background check for professional purposes, be sure to choose a site that’s FCRA compliant. Using a people search site that doesn’t comply with the FCRA to screen potential tenants, domestic workers or employees is illegal.

The information available on our website may not be 100% accurate, complete, or up to date, so do not use it as a substitute for your own due diligence, especially if you have concerns about a person’s criminal history. The services we mention do not make any representation or warranty about the accuracy of the information available through our website or about the character or integrity of the person about whom you inquire. For more information, please review each service’s Terms of Use.