New York Background Checks
What New York Background Checks can I order through Health Street?
Why Health Street for New York Background Checks?
Criminal background checks in New York must follow the law. If you’re an employer in need of a background check in New York, it’s important to research which background check companies you can trust. Employers can easily get misled into using seemingly simple online background check websites, which can lead to serious legal trouble.
Even if you do everything right, pick your background check company (also known as a Credit Reporting Agency or “CRA”) carefully, there are plenty of consumer reporting agencies that perform lazy searches of what you could find yourself. The CRA’s role includes far more than just checking a public record database on your behalf. If you don’t have a reputable CRA, you can easily end up either:
If you receive information from your CRA that you are not permitted to include in your hiring decision, you can run afoul of laws such as the Americans with Disabilities Act (ADA) or the Federal Fair Credit Reporting Act (FCRA). For that reason and more, it’s critically important to work with a CRA that understands the laws regarding background checks in New York. Health Street knows and complies with all New York background check laws and knows the nuances of the Fair Credit Reporting Act so you don’t have to.
Keeping Employees and Employers Safe in New York State
New York is a state where employers are permitted to conduct background checks for employment purposes. However, there are several limitations that have been placed on this practice, primarily related to the person’s age at the time of the crime, as well as the current annual salary being offered for the position.
If the position being offered has an annual salary of less than $25,000, the background check may only report criminal convictions from within the last seven years. Any position being remunerated at above $25,000 may report all criminal convictions within the applicant’s adult life.
In addition to restricting background checks based on the salary of the position in question, New York State also limits employers from asking about crimes that were adjudicated when the applicant was a minor.
In an effort to ensure that hiring practices remain fair, and to comply with Title VII of the Civil Rights Act of 1964 which prohibits discrimination in hiring, employers are encouraged to think carefully about rejecting an applicant just because a criminal conviction turned up on their background check. Employers should consider the nature of the crime committed, as well as how much time has passed since the conviction.
In fact, Article 23-A of New York Correction Law makes it illegal to deny an otherwise-qualified applicant just because of a prior criminal conviction. This law applies to most employers, with some exceptions like small businesses with less than 10 employees, and security-related professions like law enforcement.
Statistics on Crime in the State of New York
It’s important to find the right background screening partner, to ensure that you’re receiving as much information as you need without extra information that could put your company in danger of violating New York’s anti-discrimination measures.
However, it remains your responsibility to protect your business. Crime in New York state is often associated with crime in New York City, but the truth is there’s a lot to be wary of regardless of where in the state you’re located.