Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →New York: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
New York has no statewide ban-the-box law. Article 23-A governs how a conviction may be considered, not when it may be asked about.
*NYC, Buffalo, Rochester, Suffolk County, and Westchester County have their own local ordinances (see Local Ordinances below).
Criminal Record Lookback Period
Consumer reporting agencies may not report criminal conviction records more than 7 years old, measured from the date of disposition, release, or parole.
*This limit does not apply to positions with an annual salary of $25,000 or more.
Reporting Restrictions
Consumer reporting agencies may not report an arrest or criminal charge unless it resulted in a conviction or the charge is still pending, regardless of the arrest's age. Reports also may not include a consumer's race, religion, color, ancestry, ethnic origin, or medical debt information.
Expunged / Sealed Records
New York seals eligible records two ways, and employers may not ask about or act on either. The Clean Slate Act automatically seals eligible misdemeanors 3 years after release or sentencing and eligible felonies 8 years after, if the person has no pending charges and is not on probation or parole (sex offenses and most Class A felonies excluded). Separately, most non-conviction dispositions are sealed by law, including favorable outcomes, adjournments in contemplation of dismissal, and youthful offender adjudications. Juvenile delinquency records may never be used. A compliant check that misses a sealed conviction cannot expose the employer to negligent-hiring liability for it. Employers required to run fingerprint-based checks retain access.
Salary History Ban
Employers may not ask about or rely on an applicant's or employee's salary history in hiring or pay decisions, statewide. Applicants may still voluntarily disclose salary history without prompting.
Credit Report Restrictions
As of April 18, 2026, employers may not request or use consumer credit history for employment decisions. Narrow exemptions apply, including positions required by law to use credit history, law enforcement roles, and positions with fiduciary or trade-secret responsibilities.
Bankruptcies
Consumer reporting agencies may not report a bankruptcy more than 14 years after the date of adjudication of the most recent bankruptcy.
Civil Judgments & Lawsuits
Civil judgments may not be reported more than 7 years after the date of entry, or until the governing statute of limitations expires, whichever period is longer. If a judgment is satisfied within 5 years of entry, it must be removed from the report 5 years after that entry date.
Tax Liens & Collections
Paid tax liens may not be reported more than 7 years after the date of payment. Collection accounts may not be reported more than 7 years after being placed for collection, or more than 5 years after being paid.
Marijuana / Drug Testing Protections
Employers cannot drug test for cannabis, unless testing is required by federal or state law, tied to federal funding or contracting requirements, or the employee shows specific, articulable signs of impairment on the job. The smell of cannabis or a positive test alone do not qualify.
Pre-Adverse Action Notice & Waiting Period
New York sets no waiting period of its own; employers follow the federal FCRA "reasonable period" standard.
*NYC's Fair Chance Act requires 5 business days (see NYC Fair Chance Act below).
Adverse Action Notice Requirements
New York requires the same core FCRA notice, plus: a copy of Article 23-A if the report contains conviction information. If denied due to a conviction, the applicant may request a written statement of reasons within 30 days.
Authorization Requirements
Written authorization required before procuring a consumer report, consistent with FCRA requirements. If the report may include criminal conviction information, the disclosure must also include a copy of Article 23-A.
Individualized Assessment
Employers may deny employment or a license based on a conviction only if there is a direct relationship to the job, or hiring would create an unreasonable risk to safety or property. Employers must weigh eight statutory factors, including public policy favoring employment of people with conviction records, job duties, time elapsed, age at offense, seriousness, and evidence of rehabilitation.
Article 23-A Copy Requirement
New York requires an employer to give the applicant a printed or electronic copy of Article 23-A of the Correction Law whenever a background check or consumer report the employer relies on contains a criminal conviction. This is a distinct New York obligation, separate from the individualized assessment itself and from the federal adverse action process, and it applies whenever the conviction information comes from a consumer reporting agency.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
Buffalo, NY Applies to 15+ Employees Ban the Box
Prohibits employers with 15 or more employees from asking about an applicant's criminal history until after the first interview. It applies to employers doing business in the city and works alongside the statewide Article 23-A requirement to assess convictions individually.
New York City, NY Applies to 4+ Employees Fair Chance Act
Prohibits employers with 4 or more employees from asking about or considering criminal history, including pending arrests, until after a conditional offer. Before rescinding an offer, the employer must complete a written Fair Chance analysis under the Article 23-A factors, give the applicant a copy of the analysis, the inquiry, and any supporting documents, and hold the position open at least 5 business days for a response. It covers independent contractors and freelancers.
New York City, NY Applies to 4+ Employees Stop Credit Discrimination in Employment Act
Prohibits most employers from requesting or using a consumer credit history in hiring, firing, or setting terms of employment. Limited exceptions apply, including positions requiring a security clearance, positions with signatory authority over funds of $10,000 or more, positions with fiduciary responsibility, and certain positions with regular access to trade secrets or specified sensitive information.
Rochester, NY Applies to 4+ Employees Fair Employment Screening Ordinance
Prohibits employers with 4 or more employees from asking about criminal convictions until after an initial interview, or after a conditional offer where no interview is conducted. Employers must also notify an applicant if a criminal background check will be conducted before employment begins.
Rockland County, NY Applies to 15+ Employees Fair Chance in Employment Law
Prohibits employers with 15 or more employees from asking about a pending arrest or criminal record until after judging the applicant on non-criminal qualifications and extending a conditional offer. Employers also may not post advertisements expressing any limitation or preference based on criminal record. Law enforcement and certain sensitive county positions are excepted.
Suffolk County, NY Applies to 15+ Employees Fair Employment Screening Law
Prohibits employers with 15 or more employees from inquiring into an applicant's criminal conviction history until after the application has been submitted and an initial interview conducted. It works alongside the statewide Article 23-A requirement.
Westchester County, NY Applies to 4+ Employees Fair Chance to Work Act
Prohibits employers with 4 or more employees from inquiring into criminal convictions or arrest records until after the applicant submits an application. It also bars any solicitation, advertisement, or publication identifying employment limitations based on arrest record or criminal conviction. It covers the cities within the county, including Yonkers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
New York laws are designed to limit how criminal, credit, and salary history are used in hiring decisions. To stay compliant:
Follow ban-the-box timing in NYC and other covered localities Limit criminal record reporting to what's allowed by law Avoid asking for salary history Do not use credit reports for employment purposes Do not drug test for marijuana without a qualifying exception Recognize and exclude sealed Clean Slate records Conduct individualized assessments under Article 23-A before adverse actionNon-compliance can result in civil penalties, damages, and legal liability under both state and local law.
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Get a printable, one-page comparison of FCRA vs. New York law.