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New York background check laws for employers

New York does not make private employers wait until a set hiring step to ask about convictions, but employers with 10 or more employees may not reject someone for a conviction unless it directly relates to the job or poses an unreasonable risk, after weighing eight factors. Employers may not ask about or use most arrests that did not lead to conviction, youthful offender findings or sealed records, and since April 18, 2026 most employers may not use credit history. New York City adds a strict fair-chance process: no criminal check until after a conditional offer, a written analysis, and at least 5 business days to respond.

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Fair-chance hiring (criminal history)

The state's fair-chance law (Correction Law Article 23-A) covers private employers with 10 or more employees (Correction Law § 750(2)).
An employer may not deny a job, or act against a current worker, because of a past conviction unless the offense has a direct relationship to the job or hiring the person would create an unreasonable risk to property or to the safety or welfare of people (Correction Law § 752).
Before deciding, the employer must weigh eight factors, including the job's duties, how the offense bears on fitness for the job, the time since the offense, the person's age at the time, its seriousness, evidence of rehabilitation, and the employer's interest in safety (Correction Law § 753(1)).
A certificate of relief from disabilities or a certificate of good conduct creates a presumption of rehabilitation for the offenses it covers (Correction Law § 753(2)).
If a person with a conviction is turned down, the employer must give a written statement of the reasons within 30 days after the person asks (Correction Law § 754).
Article 23-A does not apply where another law imposes a mandatory bar to the job that has not been removed by a pardon or certificate (Correction Law § 751).
A denial that breaks Article 23-A is an unlawful discriminatory practice under the state Human Rights Law (Exec. Law § 296(15)).
Employers may not require a person to hand over a copy of their own state criminal history record (Exec. Law § 296(15)).
State law sets no point in hiring before which private employers must wait to ask about convictions; New York City and some other localities do (Correction Law §§ 750-755).

City and county rules

New York City: employers with 4 or more employees (counting the owner and independent contractors) may not ask about or check criminal history until after a conditional job offer (N.Y.C. Admin. Code § 8-107(11-a); NYC Commission on Human Rights FAQ, 1/3/2022).
New York City: before taking back an offer over a conviction or pending case, the employer must give the person a written copy of the inquiry and its written Fair Chance Analysis, and allow at least 5 business days to respond (N.Y.C. Admin. Code § 8-107(11-a); NYC Commission on Human Rights).
New York City: before a conditional offer, an employer may not say in a job ad or application that a background check is required (NYC Commission on Human Rights FAQ, 1/3/2022, Q4).
New York City: the Commission says employers should get non-criminal results first and a separate criminal report only after the conditional offer (NYC Commission on Human Rights FAQ, 1/3/2022, Q5).
New York City: since July 29, 2021 (Local Law 4 of 2021), the same Fair Chance Process covers pending criminal cases and current employees facing discipline over an arrest or conviction (NYC Commission on Human Rights FAQ, 1/3/2022, Q1).
New York City: employers of all sizes may not ask about non-pending arrests that did not lead to conviction, sealed convictions, violations, or youthful offender outcomes (NYC Commission on Human Rights FAQ, 1/3/2022, Q2).
New York City: the Stop Credit Discrimination in Employment Act bars employers from requesting or using consumer credit history for hiring and job decisions, with eight listed exemptions (N.Y.C. Admin. Code § 8-107(24)).

State consumer report rules

Before requesting a consumer report for a job, the employer must tell the applicant in writing (or the same way they applied) that a report may be requested and that, on request, it will say whether one was requested and give the agency's name and address (Gen. Bus. Law § 380-b(b)).
An investigative consumer report (one built from interviews) needs advance notice and the person's authorization, and for a job the notice must include a copy of Correction Law Article 23-A (Gen. Bus. Law § 380-c).
When a report includes criminal conviction information, the person who asked for it must give the subject a copy of Correction Law Article 23-A (Gen. Bus. Law § 380-g(d)).
Since November 16, 2024, any entity that receives state criminal history information for civil purposes must give the person a copy of it, a copy of Article 23-A, and notice of their right to seek correction (Exec. Law § 845-d(5); Laws of 2023, ch. 631).

How far back a report can go

Consumer reporting agencies may not report arrests or criminal charges unless they led to a conviction or are still pending (Gen. Bus. Law § 380-j(a)(1)).
Agencies may not report convictions more than 7 years old (counted from disposition, release or parole), except for jobs paying $25,000 a year or more (Gen. Bus. Law § 380-j(f)(1)(v), (f)(2)).
Employers may not ask about or act on a non-pending arrest that ended in the person's favor, an adjournment in contemplation of dismissal, a youthful offender finding, or a sealed conviction, unless a statute requires or permits it (Exec. Law § 296(16)).
A person asked about a protected arrest or sealed record may answer as if it did not happen (Exec. Law § 296(16)).
Under the Clean Slate Act (in effect November 16, 2024), eligible misdemeanor convictions are sealed 3 years and eligible felony convictions 8 years after sentencing or release from incarceration (Crim. Proc. Law § 160.57(1)(b); Laws of 2023, ch. 631).
Employers may not act against workers for legal off-duty cannabis use, but may act if a worker shows specific signs of impairment at work (Labor Law § 201-d(2)(b), (4-a)).

Credit checks

Since April 18, 2026, employers may not request or use an applicant's or employee's consumer credit history for job decisions (Gen. Bus. Law § 380-b(d); Laws of 2025, ch. 681).
Exceptions include jobs where state or federal law requires a credit check, police and peace officers, bonded jobs, jobs needing a security clearance, non-clerical jobs with access to trade secrets, and jobs with signing or fiduciary authority over $10,000 or more (Gen. Bus. Law § 380-b(d)).
Stricter local laws, such as New York City's, still apply unless they conflict with the state law (Gen. Bus. Law § 380-b(f)).

Also good to know

Nursing homes and home care agencies must request a state Department of Health criminal history check on prospective employees who will give direct care or supervision to patients (Public Health Law §§ 2899, 2899-a).

Common questions

Can New York employers run a background check?

Does New York have a ban-the-box law for private employers?

The state's fair-chance law (Correction Law Article 23-A) covers private employers with 10 or more employees (Correction Law § 750(2)).

How far back does a background check go in New York?

Consumer reporting agencies may not report arrests or criminal charges unless they led to a conviction or are still pending (Gen. Bus. Law § 380-j(a)(1)).

Can New York employers run credit checks on applicants?

Since April 18, 2026, employers may not request or use an applicant's or employee's consumer credit history for job decisions (Gen. Bus. Law § 380-b(d); Laws of 2025, ch. 681).

Some rules for New York weren't confirmed from an official source. Check with the state before relying on this page.

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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