Updated: Oct 25
Navigating the intricate landscape of background checks, especially in a state like New York, can be daunting for both employers and applicants. With unique lookback periods and strict regulations, understanding the nuances becomes critical. Here, we deep dive into the specificities of the New York employment background check system, and how Global Background Screening (GBS) can be your trusted partner in this journey.
How Far Back Do Employment Background Checks Go In NY?
In the State of New York, employers are bound by a "lookback" period of a strict 7 years for Misdemeanor and Felony convictions. What does this mean for you as an employer or applicant? This essentially restricts the reporting of criminal convictions beyond this period, allowing applicants with older convictions a fresh start.
Furthermore, if an individual was merely arrested but not convicted of a crime, these arrests aren't reported. Abiding by the Fair Credit Reporting Act (FCRA), reporting only charges would be a violation, ensuring the rights and privacy of potential employees are protected.
Different States, Different Rules
The complexity doesn't end in New York. Several states in the US have unique laws when it comes to background checks. Along with New York, the following states also have a strict 7-year lookback period:
District of Columbia
It's essential to familiarize oneself with these regulations, especially if you're an employer with a workforce spread across different states or if you're an applicant considering jobs in multiple locations.
In New York specifically, there's an additional caveat. To obtain complete Misdemeanor information, an additional fee of $95 is mandatory to be paid to the OCA (Office of Court Administration). This step is crucial for everyone aiming to execute a fully compliant background check.
New York Corrections Law Article 23-A (Helping the applicants with criminal records)
New York's Corrections Law Article 23-A is all about fairness when hiring people who have criminal records. This law says that just because someone has a past conviction, it shouldn't automatically keep them from getting a job. When an employer is considering hiring someone with a criminal record, they should look at things like:
What was the crime and how serious was it?
How long ago did it happen?
How does the crime relate to the job they're applying for?
The idea is that everyone should have a fair shot at employment, and past mistakes shouldn't hold them back forever, unless the crime directly relates to the job or hiring them would be a real risk.
When conducing a background check, If the employer is in New York or if the applicant lives in New York, Global Background Screening will always provide the applicant their rights under FCRA and included their rights pertaining to NY Corrections Law Article 23-A.
Why Choose Global Background Screening?
At Global Background Screening (GBS), our reach spans over 180 countries worldwide, making us a trusted partner for your comprehensive background check needs. Whether you're an employer vetting potential candidates or an individual checking on their own records, our services encompass a wide array of checks:
Criminal Reports (Available Globally)
Civil Reports (Available Globally)
Motor Vehicle Reports (Available in USA and select Countries)
Global Sanctions and Terrorist Watch List Search (Available Globally)
Drug Testing (USA only)
Financial reports (credit reports, bankruptcies, liens, judgments)
Vendor background checks (Business Credit Reports, Financials, OFAC, Corporate Records)
Moreover, we pride ourselves on being a tech-first company. Our unique model eliminates the traditional setup and registration fees.
Whether you're in the USA or any of the 180 countries we operate in, we promise an unparalleled, hassle-free experience.
Quick Actions to Partner with GBS
Employer Background Check: Opt for a smooth and reliable background check process for potential hires with our Employment Background Check service. No setup fees, no binding contracts - just an easy checkout process. Screening more than 50 a year? Sign Up and receive additional discounts
According to Legaljobs.io, 96% of employers conduct a criminal background check and 70% of employers perform a social media background check as well.
Let's Get Started
Navigating background checks can be tricky, but with the right partner, you're always one step ahead. Choose Global Background Screening for a seamless, tech-driven experience tailored for today's global workforce.
Disclaimer: This article is provided for informational purposes only and should not be construed as legal advice. It is always recommended to consult with your legal team or counsel to ensure compliance with any applicable laws and regulations.