New York Background check basics for HR — Ask HR AI

What changes in New York

Report lookback: 7 years (NY Gen. Bus. Law §380-j). New York follows the FCRA window for non-convictions; convictions may be reported beyond seven years for positions paying $25,000+ when explicitly disclosed.
Ban-the-box: Statewide (Article 23-A) + NYC Fair Chance Act 2.0. Article 23-A requires an eight-factor individualized assessment before disqualifying based on a conviction. NYC's Fair Chance Act 2.0 requires conditional-offer-only inquiry plus a documented FCA analysis and a 5-business-day candidate response window.
Salary history: Banned (Lab. Law §194-a). Employers may not seek salary history. Effective Sept 2023, all employers with 4+ workers must include pay range in job postings.

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"Review our FCRA disclosure and authorization form for standalone compliance. Focus on New York."

Step 1. Use the New York report lookback correctly: 7 years (NY Gen. Bus. Law §380-j).
Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any NY-specific consent language required.
Step 3. Respect the New York ban-the-box trigger (Statewide (Article 23-A) + NYC Fair Chance Act 2.0) before running any criminal search.
Step 4. Check NY statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.

Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.

No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.

One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.

Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.