New York background check laws for employers

At a glance

The New York rules on each topic, in one line. Federal law applies to every topic.

When you may ask about criminal history

Who it covers: All private employers (Article 23-A has no size threshold); Executive Law 296 applies to employers of all sizes for most provisions

New York has no statewide ban-the-box timing rule for private employers. The state rule is Correction Law Article 23-A: an employer may not deny a job because of a past conviction unless there is a direct relationship between the offense and the job, or hiring would create an unreasonable risk. The employer must weigh eight factors (Correction Law 753). A certificate of relief from disabilities or of good conduct creates a presumption of rehabilitation. On request, the employer must give written reasons for a denial within 30 days (Correction Law 754). Employers may not ask about or act on non-pending arrests that ended favorably, sealed convictions, or youthful offender adjudications (Exec. Law 296(16)). Any entity that receives criminal history information for civil purposes must give the person a copy, a copy of Article 23-A, and notice of the right to seek correction (Exec. Law 845-d(5), added by the Clean Slate Act). Local ban-the-box laws add timing rules (see Local rules below).

Exceptions

• Exec. Law 296(16): inquiries specifically required or permitted by statute; police/peace officer applications; law enforcement agency membership; gun licensing
• Correction Law 752: direct relationship; unreasonable risk to property or to the safety or welfare of specific individuals or the general public

N.Y. Correct. Law 752 · N.Y. Correct. Law 752(1)-(2) · N.Y. Correct. Law 753(1) · N.Y. Correct. Law 753(2) · N.Y. Correct. Law 754 · N.Y. Exec. Law 296(15) · N.Y. Exec. Law 845-d(5)

What a background check report may include

Who it covers: Consumer reporting agencies and users of reports in New York; all private employers

New York has its own FCRA (General Business Law Article 25). A consumer reporting agency may not report an arrest or criminal charge unless it ended in a conviction or is still pending. Convictions drop off seven years after disposition, release, or parole. Bankruptcies drop off after 14 years. Satisfied judgments drop off after five years. The seven-year limits do not apply when the job pays, or is expected to pay, $25,000 or more a year. Sealed records, youthful offender adjudications, and favorably terminated arrests may not be asked about or used by employers (Executive Law 296(16)). A CRA that reports a conviction to an employer must include a copy of Correction Law Article 23-A (GBL 380-g(d)).

Exceptions

• GBL 380-j(f)(2): seven-year limits lifted for employment at an annual salary of $25,000 or more
• Executive Law 296(16): inquiries ‘specifically required or permitted by statute’; police/peace officer and law enforcement agency hiring; gun licensing

N.Y. Gen. Bus. Law 380-j(a)(1) · N.Y. Gen. Bus. Law 380-j(f)(1)(v) · N.Y. Gen. Bus. Law 380-j(f)(2)(iii) · N.Y. Exec. Law 296(16) · N.Y. Gen. Bus. Law 380-g(d)

Sealed and expunged records

Who it covers: All employers

In force since: November 16, 2024

The Clean Slate Act (L. 2023 ch. 631) took effect November 16, 2024. CPL 160.57 automatically seals eligible misdemeanor convictions three years after sentence or release and eligible felony convictions eight years after sentence or release from incarceration, if the person has no pending charges and is not on probation or parole. Sex offenses and non-drug class A felonies are excluded. Courts have until November 16, 2027 to seal convictions entered before the effective date. Employers may not ask about or act on a conviction sealed under 160.57 (Exec. Law 296(16)), except where the employer is allowed to receive the sealed record under CPL 160.57(1)(d) for fingerprint-based checks required by law. Petition-based sealing under CPL 160.59 remains available. Separately, Executive Law 845-d(5) requires anyone who receives criminal history information for civil purposes to give the subject a copy, Article 23-A, and notice of the right to seek correction.

Exceptions

• Exec. Law 296(16): access permitted under CPL 160.57(1)(d)(vii), (viii) or (xvi) for licensing, housing, employment, credit or insurance where law requires fingerprint checks
• Police/peace officer and law enforcement hiring

N.Y. Crim. Proc. Law 160.57(1)(b)(i) · N.Y. Crim. Proc. Law 160.57(1)(b)(ii) · N.Y. Crim. Proc. Law 160.57(6) · N.Y. Exec. Law 296(16) · S7551A (L. 2023 ch. 631) sec. 10

Credit checks for employment

Who it covers: All employers, labor organizations and employment agencies in New York; consumer reporting agencies

In force since: April 18, 2026

As of April 18, 2026, New York bars employers statewide from requesting or using an applicant’s or employee’s consumer credit history for employment purposes, and bars consumer reporting agencies from furnishing credit history for employment unless an exemption applies. Exemptions cover jobs where law or a self-regulatory organization requires credit checks, police and peace officers, positions needing a bond or security clearance, non-clerical roles with regular access to trade secrets or national security information, roles with signatory or fiduciary authority over $10,000 or more, and roles that can modify digital security systems.

Exceptions

• Required by state or federal law or by a self-regulatory organization
• Peace officers, police officers, law enforcement or investigative functions
• Positions subject to state background investigation (limited use)
• Positions requiring a bond or a security clearance
• Non-clerical positions with regular access to trade secrets, intelligence or national security information
• Signatory authority over third-party funds or assets of $10,000 or more, or fiduciary authority to enter financial agreements of $10,000 or more
• Positions that can modify digital security systems

N.Y. Gen. Bus. Law 380-b(d)(1) · N.Y. Gen. Bus. Law 380-b(d)(2) · S3072 (L. 2025 ch. 681), effective-date clause · N.Y. Gen. Bus. Law 380-b(a)(3)(ii) (as amended by L. 2025 ch. 681, sec. 4)

Salary history questions

Who it covers: All private employers, employment agencies and recruiters (no size threshold)

In force since: January 6, 2020

Employers may not rely on an applicant’s wage or salary history to decide whether to offer a job or what to pay. They may not ask the applicant or a current or former employer for it, orally or in writing. They may not retaliate for refusal to share it. An applicant may volunteer it, and the employer may then confirm it only to support a higher offer the applicant has requested.

Exceptions

• Voluntary, unprompted disclosure (Labor Law 194-a(2))
• Verification after an offer, when the applicant cites prior pay to support a higher wage (194-a(3))

N.Y. Labor Law 194-a(1)(a) · N.Y. Labor Law 194-a(1)(b) · N.Y. Labor Law 194-a(2)

Cannabis use and testing

Who it covers: All public and private employers in New York, regardless of size

In force since: March 31, 2021

Adult-use cannabis is legal (MRTA, 2021). Labor Law 201-d treats legal off-duty cannabis use, off the employer’s premises and without the employer’s equipment, as protected ‘legal use of consumable products.’ An employer may not refuse to hire, fire, or discipline for it. An employer may act only when a law or federal mandate requires it, the employee shows specific articulable symptoms of impairment while working, or the action is needed to avoid losing a federal contract or federal funding. The Department of Labor guidance says a cannabis test cannot establish impairment, and employers may not test for cannabis unless 201-d(4-a) or another law permits it.

Exceptions

• 201-d(4-a)(i): action required by state or federal statute, regulation, ordinance or other governmental mandate
• 201-d(4-a)(ii): specific articulable symptoms of impairment while working
• 201-d(4-a)(iii): action needed to avoid violating federal law or losing a federal contract or funding

N.Y. Labor Law 201-d(2)(b) · N.Y. Labor Law 201-d(4-a)(ii) · N.Y. Labor Law 201-d(4-a)(iii) · NYS DOL, Adult Use Cannabis and the Workplace FAQ (Oct. 2021) · N.Y. Cannabis Law 42(2)

Drug and alcohol testing procedures

No state statute regulates private-employer drug-testing procedures. Cannabis testing is limited by Labor Law 201-d (see cannabis).

The state consumer reporting law

Who it covers: Consumer reporting agencies and users of reports in New York

General Business Law Article 25 (380 to 380-u), the New York Fair Credit Reporting Act. Before requesting a consumer report for employment, the user must tell the applicant in writing, or in the same manner as the application, that a report may be requested; on request, the applicant must be told whether a report was requested and the name and address of the CRA (380-b(b)). An investigative consumer report requires prior notice and the consumer’s written authorization, and for employment the notice must include a copy of Article 23-A (380-c). An employer that receives a report with a criminal conviction must give the subject a copy of Article 23-A (380-g(d)). Reporting limits are in 380-j. No CRA registration requirement.

N.Y. Gen. Bus. Law 380-b(b) · N.Y. Gen. Bus. Law 380-c(b)(2) · N.Y. Gen. Bus. Law 380-c(d) · N.Y. Gen. Bus. Law 380-g(d)

Local rules

Some places in New York add their own rules. A local rule applies on top of the state rule.

• New York City. Fair Chance Act (Admin. Code 8-107(11-a), Local Law 63 of 2015, amended by Local Law 4 of 2021 effective July 29, 2021): employers with 4+ employees may not ask about or search for criminal history, or say background checks will be run, until after a conditional offer. After the offer, before adverse action: give a written copy of the inquiry, request fair chance factor information, do a written Fair Chance Analysis, give it to the applicant with supporting documents, and allow at least five business days to respond while holding the job open. Same process for current employees and pending cases. Non-convictions may never be asked about or used. 47 RCNY 2-04 (amended rules approved September 15, 2026, effective October 30, 2026 per the official NYC Rules page; not yet in force on October 20, 2026) lists per se violations, confirms the five business days, and requires a fresh analysis when the applicant shows an error. Stop Credit Discrimination in Employment Act (8-107(24), Local Law 37 of 2015, effective September 3, 2015): no credit history for employment except listed exemptions. Salary history (8-107(25), Local Law 67 of 2017, effective October 31, 2017): no inquiry about or reliance on salary history. Pre-employment marijuana testing (8-107(31), Local Law 91 of 2019, effective May 10, 2020): no THC testing as a condition of hire, with safety and federal exemptions. N.Y.C. Admin. Code 8-107(11-a), (24), (25), (31); 47 RCNY 2-04
• Buffalo (city). Fair Employment Screening (Buffalo City Code ch. 154, art. V, adopted May 28, 2013, effective January 1, 2014). Employers with 15+ employees may not ask about criminal convictions on the application or before a first interview. If there is no interview, the employer must tell the applicant whether a background check will run before work starts. Article 23-A applies. Exemptions: licensed trades (same questions as the licensing body), jobs where law bars certain convictions, police and fire, schools and direct-care providers. Buffalo City Code 154-25 to 154-29
• Rochester (city). Fair Employment Screening (Rochester Code ch. 63, art. II, Ord. 2014-155 adopted May 20, 2014, effective 180 days later). Employers with 4+ employees whose primary place of work is in the city may not ask about criminal convictions until after the initial interview or a conditional offer. No-interview employers must tell applicants whether a background check will run. Employers may never ask about youthful offender adjudications, juvenile matters, or sealed records (CPL 160.50, 160.55, 160.58). Article 23-A and the FCRA apply. Exemptions: licensing-required inquiries, jobs where law bars certain convictions, police and fire. Rochester Municipal Code 63-12 to 63-16
• Suffolk County. Fair Employment Screening (Suffolk County Code ch. 528, art. III, L.L. 14-2020 adopted March 17, 2020). Employers with 15+ employees may not ask about criminal convictions on the application or before a first interview; no-interview employers must disclose whether a background check will run. Exemptions mirror Buffalo’s (licensed trades, law-barred convictions, police, schools, direct care). RISE Act salary history ban (528-7(A)(13), L.L. 25-2018, adopted November 20, 2018, effective June 30, 2019): employers (as defined in Exec. Law 292, 4+ employees) may not ask about or rely on wage or salary history; no volunteer carve-out. Criminal convictions and arrests also covered by 528-7(A)(12), which tracks Exec. Law 296(15)-(16). Suffolk County Code 528-19 to 528-23; 528-7(A)(12)-(13)
• Westchester County. Fair Chance to Work (Laws of Westchester County 700.03(a)(10), effective March 2019): an employer (all employers except the County itself) may not make an initial inquiry about arrests or convictions in an application, or advertise limits based on criminal record. After the application is submitted the employer may ask, consistent with Exec. Law 296(16). Before adverse action it must do an Article 23-A analysis and, on request, give written reasons under Correction Law 754. Exemptions: law-required background checks, police and peace officers, law enforcement agencies. Salary history (700.03(a)(9)): no inquiry about or reliance on wage history, with a volunteer carve-out and written-authorization verification. Salary transparency amendment effective November 6, 2022. Laws of Westchester County 700.03(a)(9)-(10)
• Rockland County. Fair Chance in Employment Act (Rockland County Code ch. 290, art. I, L.L. 2-2021 adopted May 4, 2021, effective 60 days after filing). Employers with 15+ employees may not ask about pending arrests or convictions, or advertise limits based on criminal record, until after a conditional offer. To withdraw an offer: do the Article 23-A analysis, give the applicant a written copy of the inquiry and of the analysis, allow at least three business days to respond while holding the job open, consider the response, and communicate the final decision in writing within three business days. Exemptions: law-required checks, police/peace officers and law enforcement agencies, designated county positions. Rockland County Code 290-3 to 290-5
• Albany County. Salary history ban (Albany County Code 191-7(A)(1)(g), L.L. 10-2017 adopted October 10, 2017, effective December 17, 2017): employers and employment agencies may not screen applicants by salary history, require disclosure as a condition of an interview or continued consideration, or seek salary history from a current or former employer. An applicant may give written authorization to confirm prior pay only after an offer with compensation. No private-employer ban-the-box; the county’s criminal-record provision (191-7(A)(1)(f)) restates Article 23-A. Albany County Code 191-7(A)(1)(g)

Coming changes

Laws already passed that take effect later.

• From October 30, 2026. NYC Commission on Human Rights amended Fair Chance Act rules (47 RCNY 2-01, 2-04): five business days (up from three), per se violations, pending cases, current employees, removal of early resolution. Approved at the Commission’s September 15, 2026 public meeting. The official NYC Rules page lists the rule as adopted with an effective date of October 30, 2026. 47 RCNY 2-04 (Notice of Adoption; NYC Rules page)
• From November 16, 2027. Clean Slate Act backlog: courts must finish sealing pre-2024 eligible convictions within three years of the effective date. N.Y. Crim. Proc. Law 160.57(6)

Every state’s changes, in date order: What changed.

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the New York requirements where they apply.

New York or a place in it sets its own waiting period. The waiting period calculator counts it.

Paperwork at hire

Besides the federal Form I-9 and W-4, New York sets these for each new hire.

• State withholding. Have each new hire complete Form IT-2104 and keep it on file; without it, the employer may withhold as if the employee claimed zero allowances. Form IT-2104
• New hire report. Report each new hire to New York within 20 days; some independent contractors must be reported too. State new hire reporting
• Notices at hire. Notice and Acknowledgement of Pay Rate and Payday (Wage Theft Prevention Act pay notice); Sexual harassment prevention policy and training information notice; Policy on the Rights of Employees to Express Breast Milk in the Workplace.

Build the new hire checklist for New York, with city rules, special cases and a due date for each item.

Sources

• N.Y. Correct. Law 752
• N.Y. Correct. Law 753(1)
• N.Y. Correct. Law 754
• N.Y. Exec. Law 296(15)
• N.Y. Exec. Law 845-d(5)
• N.Y. Gen. Bus. Law 380-j(a)(1)
• N.Y. Gen. Bus. Law 380-g(d)
• N.Y. Crim. Proc. Law 160.57(1)(b)(i)
• S7551A (L. 2023 ch. 631) sec. 10
• N.Y. Gen. Bus. Law 380-b(d)(1)
• S3072 (L. 2025 ch. 681), effective-date clause
• N.Y. Labor Law 194-a(1)(a)
• N.Y. Labor Law 201-d(2)(b)
• NYS DOL, Adult Use Cannabis and the Workplace FAQ (Oct. 2021)
• N.Y. Cannabis Law 42(2)
• N.Y. Gen. Bus. Law 380-c(b)(2)
• N.Y.C. Admin. Code 8-107(11-a), (24), (25), (31); 47 RCNY 2-04
• Buffalo City Code 154-25 to 154-29
• Rochester Municipal Code 63-12 to 63-16
• Suffolk County Code 528-19 to 528-23; 528-7(A)(12)-(13)
• Laws of Westchester County 700.03(a)(9)-(10)
• Rockland County Code 290-3 to 290-5
• Albany County Code 191-7(A)(1)(g)

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.