New York State Criminal History Records Search (CHRS) Unified Court System
NY AOC real-time report is recommended when screening applicants that have resided in the state of New York to obtain 100% FCRA accuracy. Relying on a private nationwide criminal records database repository will only yield limited Felony convictions of inmates under the supervision of the Department of Corrections.
- Felonies and misdemeanors court cases are updated daily
- Turnaround: Same day unless records are found
- Positive hits may take 2-3 business days for the court clerk to verify
- Price $20.00 + NY AOC Fee
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State of New York Employment Screening Laws
FCRA: New York State employs the recommended rules and regulations standard policies of the hiring guidelines established by the Fair Credit Report Act (FCRA). NY observes a seven-year restriction when processing FCRA criminal searches for employment screening. Seven year limit applies to most recent date entry on case docket.
Employers can use conviction histories in their hiring decisions but are restricted in how they do so. Under state law, any public employer with ten or more employees can only deny a candidate based on criminal history if 1) the conviction in question bears a direct relationship to the job at hand; or 2) if the conviction indicates an “unreasonable risk” to property, employee safety, or the best interests of the public.
Employers may not consider criminal history information that did not result in a conviction when making employment decisions. Using non-conviction information for employment decisions is strictly prohibited.
Commentary: The fair-chance hiring policy was part of a package of recommendations made by the state’s Council on Community Re-Entry and Reintegration, created in July 2014 by the governor.
New York law prohibits employers from asking about, or acting adversely in response to, arrests or charges that did not result in conviction and are not currently pending. See N.Y. Exec. Law § 296, 16.
Article 23-A of New York Correction Law also makes it an “unlawful discriminatory practice” for any employer or licensing authority to deny employment or licensure, or take other adverse action, based on conviction history unless either there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual or the employment or licensure would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
N.Y. Correct. Law § 752; N.Y. Exec. Law § 296, 15. When considering an applicant with a record, the public agency or private employer must consider several factors, including the job or occupation relatedness of the offense, how long ago the offense occurred and the individual’s age at that time, as well as any information produced by the individual related to rehabilitation and good conduct. N.Y. Correct. Law § 753.
Individual County Criminal Search Ban-the-Box Policies
- New York
Local law applies to county
- Background check after a conditional offer of employment
- Provides a copy of background check report
- Right to appeal prior to the adverse determination
The Albany County Legislature approved the Albany County Fair Chance Act in a 32 to 3 vote on February 13, 2017. The act prohibits the County of Albany from inquiring into a job applicant’s conviction record until after a conditional offer of employment is extended, and then, only if the employer makes a good faith determination that a background check is warranted or required for the position sought. Furthermore, the county may not inquire about an applicant’s arrest history at any time during the application process.
Applies to public and private employers and vendors.
On June 11, 2013, the Common Council of Buffalo banned the box for public and private employers within the city of Buffalo as well as for vendors who do business with the city. The ordinance permits consideration of a candidate’s criminal history only after an application has been submitted and not before the initial interview.
The administrative policy applies to county
Effective February 1, 2016, questions regarding criminal convictions, dishonorable military discharges, and firings from previous jobs will be removed from all Dutchess County exams, recruitments, and employment applications. County Executive Marcus Molinaro issued the ban the box policy as part of a broader initiative to advance diversity which also included appointing a new Equal Employment/Human Rights Officer, reconstituting the County’s Human Rights Commission, and launching a workforce diversity taskforce to develop recommendations to diversify the pool of applicants for County jobs.
On December 23, 2015, the City of Ithaca announced that it will be implementing a ban-the-box policy for public employers.
- Background check only after a conditional offer
- The policy applies to public and private employers in New York City that have more than four employees
- Incorporates EEOC criteria in individualized assessment
On June 10, 2015, the New York City Council passed the Fair Chance Act, prohibiting employers in New York City from asking about a job applicant’s conviction record until the end of the hiring process. Under current state law, a candidate may only be denied if the conviction history is directly related to the job or poses an unreasonable risk based on certain factors, such as the time passed since the offense and its severity. Prior to a denial, an applicant is provided the employer’s analysis and a copy of any background report. The job is then held open for three days for the employee to respond and the employer to weigh the candidate’s evidence of rehabilitation. The law includes a private right of action with attorneys’ fees for violations. The law took effect on October 27, 2015. The agency charged with enforcing the law, the New York City Commission on Human Rights, finalized rules implementing the law, effective August 5, 2017. Prior to the Fair Chance Act’s passage, applications for public employment in New York City did not include inquiries about criminal history under an August 2011 executive order from then-Mayor Michael Bloomberg.
On May 20, 2014, the Rochester City Council unanimously passed an ordinance for fair employment screening. It was signed by the mayor two days later. Modeled on the Buffalo ordinance, all public and private employers within the City of Rochester are prohibited from inquiring into an applicant’s conviction history on an initial job application and must wait until after the first interview.
On December 8, 2014, the city council resoundingly voted 8-1 to enact the ordinance. Under the ordinance, the city and its contractors shall not inquire into an applicant’s criminal history until an applicant is extended a conditional offer of employment. A conditional offer may be withdrawn if there is a direct relationship between a conviction and the job position or if there is a finding of unreasonable risk. Prior to an adverse action, the applicant is provided with a copy of the criminal history report, which also identifies disqualifying information. The applicant has the opportunity to provide countervailing evidence prior to the final adverse action. As a component of enforcement, the city is required to audit the hiring practices of the city and its contractors. The ordinance is effective March 22, 2015.
Source: National Employment Law Project
Disclaimer: While this information serves as initial guidance, it is strongly recommended to always check with your legal counsel before proceeding as new laws may emerge after the date of this article.
New York AOC Criminal History Report
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Unified Court System
OFFICE OF COURT ADMINISTRATION
25 Beaver Street
New York, New York 10004
Division of Administrative Services
Criminal History Record Search (CHRS) Program
Criminal Disposition Information
1172 South Dixie Hwy – 257
Coral Gables, FL 33146
Docket/Case/Serial Number: 0298745-2019
Court Control Number: 68164825P
First Appearance Date: 02/15/2019
Case Disposition Date: 01/08/2020
Last Activity Date: 01/08/2020
1. Charge: PL 190.65 1A EF 1ST DEGREE – SCHEME TO DEFRAUD
Disposition/Status: PLED GUILTY
2. Charge: PL 190.65 1B EF 1ST DEGREE – SCHEME TO DEFRAUD
Disposition/Status: PLED GUILTY
3. Charge: PL 155.35 01 DF 3RD DEGREE – GRAND LARCENY
Disposition/Status: PLED GUILTY
1 Year County Jail
Credit for time served
240 hrs community service upon release
3 years probation
PL (Penal Law) = NYS Law 220.03 = Section 00 = Subsection AM = Severity ‘A’ Misdemeanor
I = Infraction V = Violation M = Misdemeanor F = Felony
This is preprinted on the NYS Fingerprint Card and used to match court dispositions to the arrest. This arrest specific numeric identifier can be used for contacting courts for case information when a docket (lower court) or case number (Supreme/County Court) is not available (e.g. case data reflects lower court dispositions as Grand Jury, Indicted, or Supreme Court Transfer but no related case number.)
Occasionally, current case disposition data cannot be displayed in the usual manner. We have provided this additional information under the heading of ‘Case Supplement Data.’ This information may not be complete and you should contact the court for complete case disposition.
As of July 20, 2007, the NYS Office of Court Administration’s CHRS report
will no longer provide case disposition data for noncriminal offenses
(e.g., violations and infractions.)
NYS town and village court disposition data is not available for the
period May 1991 through 2002. as of May 2007 all town and village courts
report to oca. town and village disposition data from 2002 through may
2007 is limited. a list of town and village court reporting dates is
available on our website: www.nycourts.gov/apps/chrs
as of May 2009 and in accordance with legislation cpl 720.15(1),
the NYS criminal history record search report will not report pending
criminal cases categorized as youthful offender eligible. as of
January 2017, the NYS criminal history search report will not report
case disposition data for a case where a conditional youth pardon has
been granted by the governor. additional information regarding the
governor’s pardon policy: www.ny.gov/services/apply-clemency
as of April 1, 2014, and in accordance with the misdemeanor redemption
policy, the NYS OCA’s criminal history record search (CHRS) report
will no longer display a criminal history for any individual whose only
conviction was a single misdemeanor more than ten years prior to the
date of the request. additional information regarding this policy can be
found on our website at: www.nycourts.gov/apps/chrs
The New York Statewide CHRS report has the following limitations and restrictions:
The New York State Office of Court Administration (OCA) provides a New York Statewide criminal history record search (CHRS) for a fee of $95.00 + Credit card processing fee. You can submit a CHRS request via our on-line Direct Access program or by mailing in a CHRS application form. The search criteria is strictly based on an exact match of Name and DOB (variations of Name or DOB are not reported). Background checks for companies are also part of the CHRS program. The search results are public records relating to open/pending and convictions in criminal cases originating from County/Supreme, City, Town and Village courts of all 62 counties. Sealed records are not disclosed. Town & Village criminal disposition data is limited (seeCHRS FAQs).
- The report does not include Family, Civil, or Federal court case information.
- The NY Statewide CHRS Report is based on an ‘exact match’ of Name and DOB. Any ‘variation’ of the individual’s Name and DOB is not considered a match.
- The report is subject to non-disclosure of certain case dispositions due to NYS Office of Court Administration’s policies (e.g., Misdemeanor Redemption, non-criminal offense cases) or sealed records under NYS law.
- Town Court and Village Court disposition data is not available for the period May 1991 through 2002. As of May 2007, all Town and Village Courts report to OCA. Town and Village disposition data from 2002 through 2007 is limited.
- In accordance with the Youthful Offender Legislation CPL720.15(1), the NY Statewide CHRS report will not report pending criminal cases categorized as Youthful Offender Eligible.
- Criminal cases ‘Transferred’ or ‘Removed’ (CPL 725) to Family Court are not reported.
- Please be advised:The NY Statewide CHRS Report reflects ‘electronic data’ furnished to the NYS Office of Court Administration (OCA). Occasionally, critical information is not reflected in the transmission to OCA, which will result in an error in the CHRS Report.
- The NY Statewide CHRS report is not a nationwide background check.
- The NY Statewide CHRS report is not an FBI background search check.
- The report does not include case dispositions for ‘non-criminal offenses’ (e.g., Violations, Infractions).
- The report does not include case dispositions for individuals whose only conviction was a single misdemeanor more than ten years prior to the date of request(Misdemeanor Redemption Policy).
- We do not disclose records sealed under CPL 160.59. Click the ‘Criminal Records and Sealing’ link on our home page for more information about records with no more than two misdemeanor convictions OR one
misdemeanor and one felony conviction for possible eligibility.
- The results of the NYS / CHRS search is not certified.
- Cases appearing solely with charges that do not result in fingerprinting (e.g., Violations, Infractions, Unclassified Misdemeanors -UM) are not reflected on an individual’s NYS Criminal History Report (i.e., Rap Sheet), and are similarly not generated as part of the NYS Office of Court Administration’s CHRS Report.
- In accordance with the NYS Law regarding missing dispositions, the NY Statewide CHRS report will not report cases where there is no final disposition in the caseandthere has been no activity on the case for the prior 5 years from the date the report is run, unless there is an open warrant for that person’s arrest.
- All convictions under PL 221.05, PL 221.10, PL 221.15, PL 221.20, PL 221.35 and PL 221.40, are vacated, dismissed, sealed, and expunged. It is an unlawful discriminatory practice for any entity to make any inquiry about such an expunged conviction or to use such an expunged conviction adversely against an individual in any form of application or otherwise – unless specifically required or permitted to do so by statute.