New York background check laws for employers

Two layers: Article 23-A and New York City

New York doesn't set a statewide stage for criminal history questions. Instead, Article 23-A of the Correction Law controls how employers with ten or more employees use convictions: a candidate can be rejected for a conviction only if it has a direct relationship to the job or hiring them would be an unreasonable risk.

New York City adds the Fair Chance Act for employers with four or more employees, with its own timing, notice and waiting period. On top of both, the federal FCRA process applies whenever a background check company runs the report.

Article 23-A

Before rejecting someone for a conviction, the employer weighs eight factors: the public policy of encouraging the employment of people with records, the duties of the job, how the offense bears on those duties, the time since the offense, the person's age at the time, its seriousness, evidence of rehabilitation, and the employer's interest in protecting people and property. A certificate of relief or good conduct creates a presumption of rehabilitation.

If a rejected candidate asks, the employer explains the reasons in writing within 30 days. When a report includes a conviction, the employer also gives the candidate a copy of Article 23-A.

The NYC Fair Chance Act

In New York City, employers generally complete the non-criminal parts of screening, then make a conditional offer, and only then check criminal history. If the employer wants to withdraw the offer, it sends the record and a written Fair Chance analysis, and gives the candidate at least five business days from receiving both to respond while the job stays open.

Updated city rules took effect on October 30, 2026. Among other changes, they require a new analysis if the candidate shows the record contains a material error, and they clarify how to handle a candidate who misrepresented their history.

Records New York employers can't use

State law protects arrests that ended in the candidate's favor, adjournments in contemplation of dismissal, sealed convictions and youthful offender adjudications. In New York City, employers also can't consider violations, infractions and other non-criminal offenses, for employers of any size.

The Clean Slate Act took effect on November 16, 2024. It seals eligible misdemeanors three years after sentencing or release, and felonies after eight years, with exceptions for sex offenses and most Class A felonies. The courts have until November 16, 2027 to finish sealing older records.

The seven-year reporting limit

New York's own credit reporting law generally bars background check companies from reporting convictions more than seven years old, counted from disposition, release or parole. The limit doesn't apply to jobs paying $25,000 a year or more. Arrests and charges can't be reported at all unless they led to a conviction or are still pending.

Since 2021, employers also can't act on lawful off-duty cannabis use, and generally can't test for cannabis unless a law requires it or there is a specific sign of impairment at work.

Other New York cities and counties

Buffalo covers employers with 15 or more employees in the city, and Rochester employers with four or more. Buffalo allows the question during or after the first interview; Rochester waits until after the initial interview, or a conditional offer if there is no interview. Westchester and Suffolk counties have their own rules on timing and job ads.

Driving records and driver jobs

The New York DMV charges $7 for a driving record in PROFID's published fee table. Requests for another person's record go through Form MV-15 with a certified permitted use, or with the driver's written consent on Form MV-15C.

What a New York check costs

The statewide court records search through the Office of Court Administration costs $98, and many counties pass through that same fee for a county search. PROFID's packages are $27.99, $49.99 and $74.99 per candidate before passthrough fees. See what drives the cost of a background check and the full passthrough fee table.

General information as of November 6, 2026, not legal advice. Coverage depends on the work location, employer size, role and records involved, and laws and fees change. Check the rules for each place where your employees work before relying on them. Fees are from PROFID's fee table, version April 22, 2026.