New York State now requires that employers (of all sizes) that receive applicants’ or employees’ criminal history records provide them with all of the following:
A copy of the criminal history information
A copy of Article 23-A of the New York Correction Law
Notice of their right to seek correction of inaccurate criminal history information
These requirements are in addition to existing criminal background check notice requirements that may apply under federal, state, and local laws (for example, the federal Fair Credit Reporting Act). The law also requires the automatic sealing of certain criminal history records within the next three years. Sealed records are generally excluded from background checks, except when employers are legally required to review such records.
Action Item
If you collect criminal history information on applicants or employees, provide them with the required notices.