New York

Background check laws in NY:

QUERYDATA=$$GBS380-J$$@TXGBS0380-J+&LIST=SEA192+&;BROWSER=BROWSER+&TOKEN=18992094+&TARGET=VIEW" target="_blank">New York State Consolidated Laws Article 25 Section 380-j – Prohibited information

Prohibited information. (a) No consumer reporting agency shall report or maintain in the file on a consumer, information: (1) relative to an arrest or a criminal charge unless there has been a criminal conviction for such offense, or unless such charges are still pending. (b) Notwithstanding the provisions of paragraph one of subdivision (a) of this section, a consumer reporting agency may collect, evaluate, prepare, use or report information relative to a detention of an individual by a retail mercantile establishment QUERYDATA=$$GBS380-J$$@TXGBS0380-J+&LIST=SEA192+&;BROWSER=BROWSER+&TOKEN=18992094+&TARGET=VIEW" target="_blank">[…].

(f) (1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information. (i) bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years; (v) Records of conviction of crime, which, from date of disposition, release, or parole, antedate the report by more than seven years. (2) The provisions of this subdivision shall not apply to: (2) The provisions of this subdivision shall not apply to: (i) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of fifty thousand dollars or more; (ii) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of fifty thousand dollars or more; or (iii) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty-five thousand dollars, or more. (iii) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty-five thousand dollars, or more.

In other words:

Background checks can include criminal information that is older than 7 years, and bankruptcy information that is older than 14 years if the consumer report is used in connection with: (1) a credit transaction that involves or is expected to involve $50,000 or more; or (2) a life insurance policy of $50,000 or more; or (3) the employment of an applicant whose annual salary will equal or is expected to equal $25,000 or more.

Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, to which the provisions of this article are applicable, shall be denied by reason of the applicant's having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when such finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses, unless:

• (1) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought; or
• (1) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought; or

In the state of New York, it is illegal for an employer to discriminate against a job applicant who has been convicted of one or more crimes, unless: the position is directly related to the crimes the applicant has been convicted of, or if the applicant could endanger the property, safety, or welfare of the individuals she or he would be working with or that of the general public.

1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors:
   • (a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses.
   • (b) The specific duties and responsibilities necessarily related to the license or employment sought.
   • (c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities.
   • (d) The time which has elapsed since the occurrence of the criminal offense or offenses.
   • (e) The age of the person at the time of occurrence of the criminal offense or offenses.
   • (g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.
   • (h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.
2. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.

N.Y. COR. LAW § 754: At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial 

Employers – be they private or public – have to consider several factors when considering a job applicant who has been convicted of one or more crimes. These factors include:

• the public policy of the state
• the duties and responsibilities linked to the position
• whether the crime(s) the applicant was convicted of will have any effect on the applicant’s ability to satisfy the duties and responsibilities of the position
• the length of time between when the crime(s) happened and the hiring process
• the age of the person at the time she or he committed the crimes
• information related to the applicant’s rehabilitation or good conduct
• the safety and welfare of the property and the people that the applicant will work with as well as the safety and welfare of the general public.

When considering Section 752, employers must also take into account certificates of relief from disabilities or certificates of good conduct that the applicant has received. These certificates could serve as proof to the applicant’s rehabilitation in regard to the offense(s) he or she committed.

In other words: 

If an applicant with criminal record history is denied employment or licensure, he or she has 30 days to request a written statement explaining the reason for the denial.