New York Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current New York Correction Law Article 23-A, the Clean Slate Act (S.7551A/A.1029C), NYC Fair Chance Act (Local Law 63 of 2015 as amended), NYC Fair Chance Housing Act, and federal Fair Credit Reporting Act (FCRA) provisions.

Table of Contents

• Overview of New York Background Check Laws
• Article 23-A: Fair Chance Employment and Licensing
• The Clean Slate Act: Automatic Record Sealing
• Ban the Box: NYC Fair Chance Act
• Background Check Lookback Periods
• Federal FCRA and New York State Interaction
• Employer Background Check Rules
• Housing and Tenant Screening
• Licensing and Professional Background Checks
• NYC-Specific Rules
• Certificates of Relief and Good Conduct
• Recent Changes and Pending Legislation
• Frequently Asked Questions
• Sources and References

Overview of New York Background Check Laws

New York State has built one of the most protective frameworks in the country for people with criminal records who are seeking employment, housing, or professional licenses. The state layers multiple laws at both the state and city level to regulate when and how background checks can be used.

At the state level, Article 23-A of the Correction Law has served as the foundation since its original passage, requiring all public and private employers and licensing agencies to evaluate applicants with criminal records using a structured, multi-factor analysis. Rather than allowing blanket denials, the law forces decision-makers to consider the specific relationship between the offense and the position being sought.

New York took an even bigger step with the Clean Slate Act, signed by Governor Kathy Hochul in November 2023 and effective November 16, 2024. This law requires automatic sealing of eligible criminal records, removing them from most civil background checks entirely.

New York City adds further protections through the Fair Chance Act for employment and the Fair Chance Housing Act for tenant screening. These city laws go beyond state requirements with stricter timing rules and additional procedural safeguards.

Understanding these overlapping layers is important for both employers and individuals. Violating any of these laws can result in significant penalties, including civil fines, back pay awards, and emotional distress damages.

Article 23-A: Fair Chance Employment and Licensing

Article 23-A of the New York Correction Law applies to every public and private employer and every licensing agency in New York State. Under Section 752, no application for employment or a license can be denied solely because the applicant has a prior criminal conviction.

An employer or licensing agency may only deny based on criminal history if one of two conditions is met:

• There is a direct relationship between the criminal offense and the specific job duties or license sought.
• Granting employment or the license would create an unreasonable risk to property or to the safety and welfare of specific individuals or the general public.

The Eight Required Factors

Under Section 753, employers and licensing agencies must weigh eight specific factors before making any decision based on criminal history:

1. The public policy of New York State to encourage the licensure and employment of persons previously convicted of criminal offenses.
2. The specific duties and responsibilities necessarily related to the license or employment sought.
3. The bearing, if any, the criminal offense will have on the applicant's fitness or ability to perform the job duties.
4. The time that has elapsed since the criminal offense occurred.
5. The age of the applicant when the criminal offense occurred.
6. The seriousness of the offense.
7. Any information produced by the applicant or produced on the applicant's behalf regarding rehabilitation and good conduct.
8. The legitimate interest of the employer or licensing agency in protecting property and the safety and welfare of specific individuals or the general public.

Employers must give these factors genuine consideration. A blanket policy of rejecting all applicants with criminal records violates Article 23-A.

Presumption of Rehabilitation

Section 753 also creates a presumption of rehabilitation when an applicant holds a Certificate of Relief from Disabilities or a Certificate of Good Conduct. These certificates, discussed in more detail below, shift the burden: the employer or licensing agency must demonstrate a compelling reason to deny despite the certificate.

The Clean Slate Act: Automatic Record Sealing

Governor Hochul signed the Clean Slate Act (S.7551A/A.1029C) on November 16, 2023, with an effective date of November 16, 2024. New York became the 12th state with automatic record-sealing legislation.

The Office of Court Administration has up to three years (until November 2027) to fully implement the automated systems needed to identify and seal eligible records.

What Gets Sealed

• Misdemeanor convictions are sealed automatically 3 years after release from incarceration (or 3 years from sentencing if no incarceration was imposed).
• Felony convictions are sealed automatically 8 years after release from incarceration (or 8 years from sentencing if no incarceration was imposed).

The person must remain conviction-free during the waiting period. A new conviction or a parole/probation revocation resets the clock entirely.

What Does Not Get Sealed

Certain convictions are permanently excluded from automatic sealing:

• Sex offenses requiring registration
• Murder convictions
• Non-drug Class A felonies (the most serious offenses)
• Domestic terrorism offenses

Additionally, records cannot be sealed while a person is on parole or probation or has pending New York State criminal charges.

Who Can Still Access Sealed Records

Even after sealing, certain entities retain full access:

• Law enforcement agencies and prosecutors
• Courts
• The New York State Education Department (for school hiring and professional licensing)
• Employers required by law to conduct fingerprint-based background checks
• Agencies conducting background checks for police or peace officer positions
• Agencies processing firearm purchase or licensing applications
• Entities hiring for positions involving vulnerable populations (children, elderly, people with disabilities)

For most private employers running standard name-based background checks through consumer reporting agencies, sealed records should not appear. The New York State Human Rights Law prohibits employers from inquiring about or discriminating based on sealed records.

Impact on Employers

Employers who currently run background checks must update their processes. Once records are sealed, asking about or acting on those records in employment decisions is unlawful. Third-party background screening companies are prohibited from reporting sealed convictions.

The law is expected to benefit more than 2.3 million New Yorkers with old conviction records, according to the Governor's office.

Ban the Box: NYC Fair Chance Act

New York City's Fair Chance Act (Local Law 63 of 2015), enforced by the NYC Commission on Human Rights, goes further than state law by regulating the timing of criminal history inquiries during the hiring process.

Core Rule: No Inquiries Before a Conditional Offer

Employers with four or more employees in New York City cannot ask about, search for, or consider an applicant's criminal history until after making a conditional offer of employment. This means:

• Job postings cannot include phrases like "no felonies," "clean record required," or "background check required."
• Job applications cannot ask about criminal history.
• Interviewers cannot ask about arrests, convictions, or pending cases before extending a conditional offer.

The Fair Chance Process

After making a conditional offer, an employer who discovers criminal history and wants to withdraw the offer must:

1. Provide the applicant a written copy of the criminal background check results.
2. Provide a written Fair Chance Analysis explaining how the employer evaluated each relevant factor.
3. Give the applicant at least five business days to respond with additional information, corrections, or evidence of rehabilitation.
4. Consider any response before making a final decision.

Skipping any step of this process is a separate, chargeable violation.

Records That Can Never Be Considered

Regardless of timing, employers can never ask about or act on:

• Arrests that did not lead to a conviction
• Dismissed charges or acquittals
• Adjournments in Contemplation of Dismissal (ACDs), unless revoked
• Youthful offender adjudications
• Sealed or expunged convictions
• Violation-level convictions (such as disorderly conduct or trespass)
• Juvenile delinquency findings

2021 Amendments (Local Law 4)

The 2021 amendments significantly expanded the Fair Chance Act to cover:

• Current employees, not just job applicants. Employers cannot take adverse action against existing employees based on criminal history discovered during employment.
• Pending criminal cases. Employers must conduct a full Fair Chance Analysis before acting on pending charges.
• Non-criminal offenses. Unsealed violations and infractions are now protected.

Exemptions

Certain positions are exempt from the conditional-offer timing requirement:

• Police and peace officer positions
• Positions at law enforcement agencies
• Positions where a federal, state, or local law specifically requires a criminal background check
• Certain positions serving vulnerable populations, as designated on the NYC Department of Citywide Administrative Services website

Even for exempt positions, the protections against using non-conviction records still apply.

Background Check Lookback Periods

New York has specific limits on how far back a background check can go. These lookback rules come from both state and federal law.

Criminal Convictions

Under the federal FCRA, criminal convictions can be reported indefinitely with no time limit. However, New York's General Business Law Section 380-j adds state-level restrictions on consumer reporting agencies. Records that cannot be reported include:

• Arrests that did not result in conviction (unless charges are still pending)
• Satisfied judgments (completed sentences) older than 5 years
• Civil judgments and liens older than 7 years
• Collection accounts older than 7 years
• Bankruptcies older than 7 years (Chapter 13) or 10 years (Chapter 7)

Salary-Based Exceptions

The federal FCRA's seven-year reporting restriction on certain adverse information does not apply to positions with an annual salary of $75,000 or more. For those higher-paying positions, consumer reporting agencies may report criminal history going back further.

However, New York law still prohibits reporting arrests that did not lead to convictions regardless of salary level.

Clean Slate Act Lookback

Once the Clean Slate Act is fully implemented, the effective lookback periods for most civil background checks will be:

• Misdemeanors: 3 years from release or sentencing
• Felonies: 8 years from release or sentencing

After those periods, eligible convictions will be sealed and should not appear on standard background checks.

Housing Lookback Periods (NYC)

Under the NYC Fair Chance Housing Act (effective January 1, 2025):

• Felony convictions: Only the last 5 years may be considered
• Misdemeanor convictions: Only the last 3 years may be considered
• Sex offense registry convictions: No time limit if registration is currently required

Federal FCRA and New York State Interaction

The Fair Credit Reporting Act (FCRA) is the federal law governing how consumer reporting agencies collect and share background information. New York law adds requirements on top of the federal baseline.

FCRA Requirements That Apply in New York

Before running a background check through a third-party consumer reporting agency, employers must:

1. Provide the applicant with a standalone written disclosure that a background check may be conducted.
2. Obtain the applicant's written authorization.
3. If taking adverse action based on the report, provide a pre-adverse action notice with a copy of the report and a summary of FCRA rights.
4. Wait a reasonable period (typically 5 business days).
5. If still proceeding with adverse action, send a final adverse action notice.

Where New York Goes Further

New York adds several protections beyond federal FCRA requirements:

• Article 23-A requires the eight-factor analysis before any adverse employment or licensing action based on criminal history.
• NYC Fair Chance Act requires the Fair Chance Analysis process with specific written documentation.
• Clean Slate Act removes sealed records from the scope of reportable information entirely.
• New York Human Rights Law prohibits discrimination based on sealed records.

Employers in New York City must comply with all three layers: federal FCRA, state Article 23-A, and the NYC Fair Chance Act. When laws conflict, the standard that provides the most protection to the applicant applies.

Employer Background Check Rules

New York employers face a detailed set of rules governing how they may use criminal history information in hiring.

What Employers Can and Cannot Do

Before a conditional job offer (NYC employers with 4+ employees):

• Cannot ask about criminal history on applications or in interviews
• Cannot run criminal background checks
• Cannot state "background check required" in job postings
• Cannot search for criminal records online or through databases

After a conditional job offer:

• May ask about criminal convictions and pending cases
• May run a background check through a consumer reporting agency (with FCRA-required disclosure and consent)
• Must conduct a Fair Chance Analysis or Article 23-A analysis before withdrawing the offer
• Must give the applicant at least 5 business days to respond

At no point may employers consider:

• Non-conviction records (dismissed charges, acquittals, ACDs)
• Sealed or expunged records
• Youthful offender adjudications
• Violation-level convictions

Fingerprint-Based vs. Name-Based Checks

The New York Division of Criminal Justice Services (DCJS) maintains the state's official criminal history records. These are fingerprint-based and are not considered public records.

Access to DCJS fingerprint-based records is restricted to entities specifically authorized by state or federal law. Most private employers use third-party background screening companies that conduct name-based searches of public court records, which are less comprehensive but more widely available.

Fingerprint-based checks are generally reserved for:

• Law enforcement hiring
• Positions working with children, the elderly, or people with disabilities
• Firearm licensing
• Certain regulated industries (banking, securities)
• School employees

Penalties for Employer Violations

Violating the NYC Fair Chance Act can result in civil penalties based on the severity of the violation, the employer's size, and whether there were prior violations. Available remedies include back pay, front pay, emotional distress damages, and civil fines. Willful violations carry higher penalties.

Violating Article 23-A can also expose employers to legal liability, as applicants denied employment in violation of the statute may bring a civil action.

Housing and Tenant Screening

New York has increasingly restricted how landlords and housing providers can use criminal history in tenant screening decisions.

NYC Fair Chance Housing Act (Effective January 1, 2025)

The NYC Fair Chance Housing Act imposes detailed requirements on covered housing providers:

Timing: Housing providers must first evaluate an applicant's general housing eligibility (income, credit, rental history) and make a conditional offer before conducting any criminal background check.

Lookback limits:

• Felony convictions older than 5 years cannot be considered
• Misdemeanor convictions older than 3 years cannot be considered
• Time is measured from release or sentencing date

Prohibited records: Housing providers cannot consider:

• Arrests or pending cases
• Dismissed charges or acquittals
• ACDs
• Youthful offender or juvenile delinquency adjudications
• Pardoned, vacated, or sealed convictions
• Non-criminal violations

Exception: Sex offense registry convictions may be considered regardless of age if the person is currently required to register.

Required process: If a housing provider wants to revoke an offer based on criminal history, they must provide a written explanation demonstrating a legitimate business interest and a direct link to the specific conviction. The applicant must receive at least 5 business days to respond.

Penalties: The NYC Commission on Human Rights can order civil penalties up to $125,000 (or $250,000 for willful violations), plus emotional distress damages and mandatory training.

Exemptions

• Housing with 2 or fewer units where the provider or a family member resides in one unit
• State or federally funded housing providers operating under specific legal mandates requiring criminal background checks

State-Level Housing Protections

The New York State Division of Homes and Community Renewal has issued guidance for state-funded housing programs, encouraging providers to adopt individualized assessment practices similar to the NYC rules.

Licensing and Professional Background Checks

Article 23-A applies to all licensing agencies in New York State, not just employers. Any state or local agency that issues a professional or occupational license must follow the same eight-factor analysis when evaluating applicants with criminal records.

Key Licensing Rules

• A licensing agency cannot adopt a blanket ban on applicants with criminal convictions.
• Each application must be evaluated individually based on the Article 23-A factors.
• The agency must consider the relationship between the offense and the licensed profession.
• A Certificate of Relief from Disabilities or Certificate of Good Conduct creates a presumption of rehabilitation.

Fingerprint-Based Checks for Licensed Professions

Certain professions require fingerprint-based background checks through DCJS. These checks access the full criminal history record, including records that may be sealed for other purposes.

Professions commonly requiring fingerprint-based checks include:

• Teachers and school employees (through the New York State Education Department)
• Healthcare workers in certain settings
• Security guards
• Private investigators
• Real estate professionals
• Insurance industry workers

Even when a fingerprint-based check reveals a criminal record, the licensing agency must still apply the Article 23-A analysis before denial.

NYC-Specific Rules

New York City provides additional protections beyond state law. Employers, housing providers, and other entities operating in the five boroughs must comply with both state and city requirements.

Key NYC-Only Protections

Employment:

• The NYC Fair Chance Act requires the conditional-offer-first process for employers with 4 or more employees.
• Employers must provide specific written documents (criminal history inquiry, Fair Chance Analysis) before withdrawal.
• The 2021 amendments protect current employees, not just applicants.
• Non-conviction records (including violation-level convictions) receive absolute protection.

Housing:

• The Fair Chance Housing Act sets specific lookback periods (5 years felony, 3 years misdemeanor).
• Housing providers must provide a Fair Chance Housing Notice of Rights to all applicants.
• Penalties for violations can reach $250,000.

Driving records: NYC employers may only review driving records after a conditional offer because driving records may contain mixed criminal and non-criminal information.

Per se violations: The NYC Commission on Human Rights treats each of the following as a separate, independently chargeable violation:

• Stating criminal history limitations in job advertisements
• Making pre-offer inquiries about criminal history
• Withdrawing offers without completing the Fair Chance Process
• Taking action based on non-conviction records
• Failing to allow the applicant response time

Outside NYC

Employers outside New York City must still comply with Article 23-A and the Clean Slate Act. Several counties and cities in New York have adopted their own local fair chance hiring laws. Westchester County, for example, has its own Fair Chance to Work Act. Employers should check local ordinances for additional requirements.

Certificates of Relief and Good Conduct

New York law provides two types of certificates that help people with criminal records remove legal barriers to employment and licensing.

Certificate of Relief from Disabilities (CRD)

A Certificate of Relief from Disabilities is available to people who have been convicted of any number of misdemeanors and no more than one felony. Key details:

• You can apply at any time after sentencing (but not while in state prison).
• If you were not sentenced to state prison, apply to the court that sentenced you.
• If you served time in state prison and have been released, apply to the Department of Corrections and Community Supervision (DOCCS).
• The CRD removes specific legal bars or disabilities that prevent you from holding certain jobs or licenses because of your conviction.
• Under Article 23-A, holding a CRD creates a presumption of rehabilitation that employers and licensing agencies must consider.

Certificate of Good Conduct (CGC)

A Certificate of Good Conduct is for people with two or more separate felony convictions, or for those seeking a position considered a "public office." There are mandatory waiting periods:

• 5 years if the most serious felony is a Class A or B felony
• 3 years if the most serious felony is a Class C, D, or E felony
• 1 year if only misdemeanors appear on the record

The CGC has the same effect as a CRD but may also restore the right to seek public office and remove all legal bars and disabilities.

Applying for Either Certificate

Applicants should submit evidence of rehabilitation, including personal statements, letters of recommendation from employers or community members, certificates of completion from treatment programs, job training records, and volunteer work documentation.

Recent Changes and Pending Legislation

New York continues to expand background check protections. Here are the most significant recent developments:

2024: Clean Slate Act Takes Effect

The Clean Slate Act became effective on November 16, 2024. The Office of Court Administration is currently working to build the automated systems needed to seal millions of eligible records. Full implementation is expected by November 2027. Until then, individuals may also apply for sealing through the existing court process under Criminal Procedure Law Section 160.59.

2025: NYC Fair Chance Housing Act Enforcement Begins

The Fair Chance Housing Act became enforceable on January 1, 2025, imposing the lookback limits and procedural requirements described above.

2025-2026 Pending Bills

Several bills have been introduced in the 2025-2026 legislative session:

• S1213 would amend Article 23-A to redefine "direct relationship," requiring a "substantial connection" between the criminal offense and the job or license being sought. This would raise the bar for employers seeking to deny applicants.
• S3300 proposes further amendments to the Clean Slate Act.
• Proposed housing legislation would prohibit state and locally funded rental subsidy programs and affordable housing lotteries from inquiring about criminal history before determining general eligibility.

These bills are still pending and have not been enacted as of March 2026.

Sources and References

• New York Correction Law Article 23-A - New York State Senate
• Section 752: Unfair Discrimination Against Persons Previously Convicted - New York State Senate
• Section 753: Factors to Be Considered - New York State Senate
• Article 23-A Guide - New York State Department of Labor
• Governor Hochul Signs the Clean Slate Act - Office of the Governor
• Criminal Record Sealing - New York State Unified Court System
• NYC Fair Chance Act Legal Guidance - NYC Commission on Human Rights
• NYC Fair Chance Act: Fact Sheet for Employers - NYC Commission on Human Rights
• NYC Fair Chance Act: FAQ - NYC Commission on Human Rights
• NYC Fair Chance Housing Campaign - NYC Commission on Human Rights
• Criminal History Records and Background Checks - NY Division of Criminal Justice Services
• For Employers and Licensing Entities - NY Division of Criminal Justice Services
• Certificate of Relief / Good Conduct - NY Department of Corrections and Community Supervision
• General Business Law Section 380-j - New York State Senate
• Background Checks: What Employers Need to Know - Federal Trade Commission
• Individuals Who Are Justice-Involved - New York State Department of Labor