Background Check in New York
Lily Evans - January 19, 2025

Background checks can make individuals nervous, as passing a background check is generally an important part of the hiring process or screening for other important opportunities. It’s essential to understand specific state laws that may affect your background check and what is included on it, in addition to understanding the background check process.
Our article tells you everything you need to know about background checks in New York and what to expect when someone requests a background check report from you.
Table of Contents
What Is a New York Background Check?
A New York background check is a background check that looks at someone’s history within the state of New York.
These background checks typically only look at criminal and civil history that takes place within New York. They must be conducted alongside a federal background check if someone is looking for a more comprehensive criminal history or a criminal history that occurred outside of New York.
New York background checks are typically conducted as part of the hiring process, but certain professional programs or educational programs may also request background checks for applicants.
Sometimes, New York background checks are conducted on a routine basis by companies and employers. This is to ensure employees are meeting the standards of the company and not violating their hiring terms.
What Is Shown on a New York Background Check?
Many different important pieces of someone’s personal history and criminal records are shown on a New York background check. In general, you can expect to see any of the following on your New York background check report:
- State criminal records, including minor crimes, misdemeanors, and more serious crimes
- State civil court history
- Personal details and identification information
- Employment history
- Educational history
- Professional licenses or certifications
- Driving records, in certain cases
It’s a good idea to occasionally review your own New York background check report, as this allows you to identify any errors or mistakes and get them corrected. Making sure your background check report is up to date is an essential part of preparing for any kind of screening process that involves a background check.
New York Background Check Laws to Know
As you prepare yourself for a background check in New York, it’s important to understand state-specific laws. These laws can affect what is included on a background check and how far back this report will look into your history. Below, we discuss New York background check laws to know.
New York City’s Fair Chance Act
The state of New York and New York City have some of the newest laws that aim to discourage discrimination in the workplace for applicants with a criminal record. In 2021, New York City updated its Fair Chance Act to ensure that employers wait until conditional employment offers have been extended before criminal background checks are conducted.
In general, employers will be required to complete a two-part background check process. One check can be conducted before offering employment. This can include basic non-criminal information checks, such as confirming an applicant’s identity, educational or employment history, and references.
The other check must be carried out after the conditional offer of employment, and it can focus on criminal history. If there is a concerning issue on an applicant’s criminal history report, the Fair Chance evaluation process must be completed before a final decision is made.
New York Reporting Limitations
In New York, state laws prevent the reporting of information about arrests that did not result in a conviction for the individual. However, if a case is pending, arrest records may be included in a criminal history background check.
State laws also prevent the inclusion of drug or alcohol abuse and addiction records on a criminal history report that are more than seven years old. Specific circumstances may also limit this to records that are more than five years old. New York also has several statutes in place that dictate how employers handle applicants who have more than one criminal conviction.
Anti-Discrimination Laws
In 2019, New York state passed statutes that work to avoid discrimination for individuals who have more than one criminal conviction and are applying for employment.
Employers must consider all aspects of the criminal convictions. This includes how much time has passed since the conviction, the age of the person at the time of the offense, and whether or not the convictions will impact the applicant’s ability to perform their job.
Employers may still reject applications where criminal convictions directly relate to the job position or if the applicant could pose an unreasonable risk of harm upon being hired.
Applicants who have been denied after a criminal conviction review do have 30 days to ask for reasoning and potentially contest this finding.
Ban-the-Box Laws
Several counties and cities in New York have laws in place that ensure employers do not ask about an applicant’s criminal history upon the initial application.
Other statutes and county laws may impact disclosures and regulate what employers can or cannot ask of applicants. It’s important to learn about the laws in your specific area so you understand what your rights are when applying for jobs with a criminal background.
Background Check in New York: The Process
Every background check in New York will follow the same general process. This is both to ensure individuals are informed of their rights and that employers are doing their due diligence to protect privacy and provide fair reviews of a background check report.
Below, we give you the typical steps that occur as part of the background check process in New York.
- Depending on state laws, an initial background and reference check will be conducted before a conditional offer of employment is given. Once you receive an offer of employment, a background check that reviews criminal history will be requested.
- You will need to provide your consent to a criminal history background check, and the person conducting it will provide you with details on your rights.
- After your background check is conducted, the employer will review the results and look for items on your criminal record that may disqualify you.
- If you pass the background check, you can start the onboarding process with your employer.
- If you fail, the employer must follow Fair Chance evaluation processes, and you will be given 30 days’ notice to ask for more details about this or to contest these findings.
If you have any questions about your background check in New York, ask for clarification from the person requesting this report to understand more about the steps and what they are looking for.
How Long Does a Background Check in New York Take?
A background check in New York can take up to a week or more before your report is returned to the requester. Background checks where a person does not have a criminal record or they only have minor crimes on their record will generally be returned faster than the report of someone who has an extensive criminal history.
Other factors that can affect the turnaround time of a background check include name discrepancies or trouble with identification verification. Delays may also occur because of slow processing times due to a high volume of requests at any third-party background check agency.
Do I Have to Pay For My New York Background Check?
You may have to pay for your New York background check, but this does depend on the person who is requesting a background check report from you.
Many employers will ask you to obtain your background check report and submit it to them, meaning that you will need to be the one paying for this report. On average, you can expect to pay around $50 to $100 for your background check report.
If your employer for the person requesting your background check report will be paying for this, then all you need to do is submit your information to them. From there, you can let them handle the payment and official report check.
Will a Criminal Record Disqualify Me From Jobs?
A criminal record does not necessarily disqualify you from jobs. New York is especially dedicated to laws that work to mitigate discrimination for those with criminal records trying to enter the workforce.
A criminal record may disqualify you from certain jobs, such as a criminal record with DUIs disqualifying you from operating vehicles or machinery. However, you may be perfectly qualified for dozens of other jobs.
It’s important to check the hiring standards of an employer or company as you look for employment, as this can tell you if any potential issues may arise during the screening process. You should also be aware of your rights as an individual with a criminal record looking for employment.
Can I Request My Own Background Check Report?
It is totally possible to request your own background check report, and you can do this one of two ways.
To request your official background report in New York, or get documentation that says you do not have a criminal record, you can access the New York Division of Criminal Justice Services. This organization allows you to submit your official fingerprints to receive a copy of your criminal history report; it is government-run.
If you do not want to go through the fingerprinting process to access your own background check report, you can utilize a people search tool like ours at CheckPeople.
Simply put in your name and your location and run the search. Then, can access a report that details all of your criminal history and personal history that someone may be able to see when they request an official background check report.
If you notice any errors after looking over your background check report, you can make requests for adjustments at the proper agencies to ensure your report is totally up to date.
Understanding Your Background Check in New York
While many people find the background check process to be stressful and overwhelming, the background check process in New York is fairly straightforward. It’s important that you understand all of the steps involved in the background check process, as this can help you prepare properly before an official background check report is requested from you.
You can use the information in our article to help guide you as you get ready to apply for jobs and other opportunities that may require a background check in New York.