New York Background Checks | NCS

State Background Check – New York

In addition to other indispensable parts of the background screening process, a state background check gathers all available records of an applicant’s criminal history—even if they’ve lived in several jurisdictions within a state.

Please view our Services & Pricing page to view our products, pricing, and turnaround times.

Background Checks

NCS makes navigating New York background checks easier! Whether you work in financial services, health care, retail, professional business services, manufacturing, aviation, nanotechnology, media and entertainment, or another industry—background checks are a critical part of the hiring process.

Accessing Criminal Records

In New York, both private and public employers may conduct criminal history background checks. However:

• Employers cannot ask about or consider arrest records that have been expunged, dropped, dismissed, or not resulted in a conviction.
• Employers must inform applicants they are not obligated to disclose expunged records.
• Sealed records may not be accessed.
• Consumer reporting agencies cannot report:
  • Non-conviction records (except pending cases), or
  • Convictions more than 7 years old, unless the position pays over $25,000 per year.

New York law also limits the use of credit reports and drug screening in employment decisions.

Employers must follow FCRA guidelines for adverse actions and notify candidates appropriately.

NCS reports only convictions and serious pending cases belonging to your applicant.

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Criminal History Packages

We recommend bundling the National Quick Check + New York State Search, or using any of our featured packages with optional add-ons.

Drug Screening

New York’s Marijuana Regulation and Taxation Act limits pre-employment cannabis testing. Testing is only allowed when:

• Required by state/federal law (e.g., DOT-regulated roles), or
• Avoiding testing would violate federal law or jeopardize federal funding/contracts.

Employees may select a nearby collection site. DOT and random testing are also available.
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Electronic Form I-9 & E-Verify

NCS provides a streamlined system for completing and storing Form I-9s online with instant E-Verify results.
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Ban the Box – State, Municipal, and County

New York has statewide and local ban-the-box laws prohibiting criminal history questions on initial job applications. In 2015, the governor removed the box from state job applications.

Cities/counties with ban-the-box policies include:

• Buffalo
• Dutchess County
• Kingston
• Newburgh
• New York City
• Rochester
• Suffolk County
• Syracuse
• Tompkins County
• Ulster County
• Westchester County
• Woodstock

New York City Fair Chance Act

• Employers must wait until after a conditional offer is made before conducting background checks.
• Applies to employers with 4+ employees (if at least one works in NYC).
• Exemptions apply for roles restricted by law.

Additionally, most NYC employers cannot inquire about credit history unless hiring for:

• Police/peace officer roles
• Executives with control over finances, IT security, or trade secrets

Navigate State Background Checks and Compliance with NCS

Enjoy an expedited, compliant, and informed hiring process with National Crime Search’s comprehensive Criminal Background Checks.

Contact us today to learn how our services can integrate seamlessly with your HR needs and help you hire with confidence.