Seal of NewYork

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 in order 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 possible records are found
  • Positive hits may take 2-3 business days for the court clerk to verify
  • Price $20.00 + NY AOC Fee

View other States

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.

Any employer with more than four employees is legally barred from considering any arrests that did not lead to a conviction. New York state background check does not include arrest history information, in part to protect employers from this risk.
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.
NEW YORK (2015) Applies to State Employment: On September 21, 2015, Governor Andrew Cuomo (D) announced that the state would “adopt “fair chance hiring” for New York State agencies. As explained in a press release about the policy change: “Applicants for competitive positions with New York State agencies will not be required to discuss or disclose information about prior convictions until and unless the agency has interviewed the candidate and is interested in hiring him or her.”

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.

An employer must always consider EEOC guidance when making a hiring decision. The Equal Employment Opportunity Commission (EEOC) calls for companies to conduct an Individualized Assessment based on the nature of the offense and how it relates to the job position prior to automatically disqualifying an employment applicant based on their past criminal records history.
Employers in New York City are prohibited from obtaining an employee’s or an applicant’s credit history information and using that information to make an employment decision unless running a credit check is required by State or Federal law.
Employers and their agents may not inquire or seek to obtain an applicant’s salary history. This is prohibited at all stages of the employment process. Employers may only confirm an applicant’s past salary if the applicant voluntarily discloses that information without being prompted to disclose that information by the employer.

Individual County Criminal Search Ban-the-Box Policies

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.

Administrative policy applies to city public employers
On December 23, 2015, the City of Ithaca announced that it will be implementing a ban-the-box policy for public employers.
Resolution applies to the city. City employers can still ask questions regarding criminal records during job interviews and conduct background checks on applicants.
Applies to City, Private employers and licensing

  • 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.

The ordinance applies to city, vendors, public and private employers.
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.
Applies to city employment and licensure, and city contractors. Background checks after the conditional offer of employment. Incorporates EEOC criteria into an individualized assessment.

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.

Tompkins County Legislature unanimously adopted a resolution of support for the commissioner of personnel to implement procedures to remove criminal conviction questions from the county’s employment application. Criminal conviction disclosures and subsequent inquiries are now delayed until later in the hiring process. The personnel department considers whether an individual’s conviction is related to the position.
Kingston, NY Area; Executive order applies to county. On December 16, 2014, the county executive signed the executive order to remove the conviction history question from the county’s job application. Instead, the personnel department will consider convictions only after the first interview.
Executive order applies to the county. On December 3, 2018, the Westchester County Board of Legislators passed a law prohibiting public and private employers (with the exception of law enforcement agencies) from asking about arrest or conviction history on an initial job application. The law requires that, before taking any adverse employment action based on an applicant’s record, the employer must analyze the record and the factors listed in Article 23-A of New York State Correction Law. The applicant may request, and the employer must then provide, a written statement setting forth the reasons for the denial, pursuant to Article 23-A, Section 754. The Westchester County Human Rights Commission is tasked with accepting complaints and enforcing the law. County Executive Latimer signed the law on December 4, 2018, and it took effect 90 days later (March 4, 2019)
On November 18, 2014, the Town Board voted unanimously to remove questions regarding criminal history from applications for employment with the town.
In November 2014, Community Voices Heard worked with the Mayor’s office to remove the box asking an applicant to disclose his or her criminal history.

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

Viewing on a mobile device or small screen? View PDF version

NEW YORK STATE
Unified Court System


OFFICE OF COURT ADMINISTRATION
25 Beaver Street
New York, New York 10004
(212)428-2810

Division of Administrative Services
Criminal History Record Search (CHRS) Program

Criminal Disposition Information

Bill To Information
Job No
Delivery Type
Order Date
Order Time
BCS Background Screening
1172 South Dixie Hwy – 257
Coral Gables, FL 33146
650241630
E-mail
03/28/2020
09:34 AM
Name
(A.K.A.)
Arrest Date
Adjourn/Disposition Date, Charge, Disposition, and Sentence Information
OCA Remarks
County
D.O.B.
Supreme Court
DOE, JANE
01/18/2019

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

Restitution $88,000

240 hrs community service upon release

3 years probation

NEW YORK
05/28/1967
Law Codes:
AC
Administrative Code
CPL
Criminal Procedure Law
LOC
Local Law
RP
Real Property Law
ABC
Alcoholic Beverage Control Law
ECL
Environmental Conservation Law
MD
Multiple Dwelling Law
RR
Railroad Law
BL
Banking Law
GB
General Business Law
MHY
Mental Hygiene Law
SW
Social Services Law
CON
Conservation Law
GML
General Municipal Law
PHL
Public Health Law
TL
Transportation Law
COR
Correction Law
LAB
Labor Law
PL
Penal Law
VTL
Vehicle and Traffic Law
Charge Nomenclature:
Example: PL 220.03.00 AM
PL (Penal Law) = NYS Law 220.03 = Section 00 = Subsection AM = Severity ‘A’ Misdemeanor
Charge Severity:
I = Infraction V = Violation M = Misdemeanor F = Felony
Court Control Number:
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.)
Case Supplement Data:
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.
UNDER NEW YORK STATE LAW VIOLATIONS AND INFRACTIONS ARE NOT CRIMES.
SEARCH RESULTS ARE BASED ON FINDING AN EXACT MATCH OF THE NAME AND DATE OF BIRTH SUBMITTED.
DISCLAIMER:THIS RESPONSE IS BASED ON INFORMATION SUPPLIED BY THE CUSTOMER.
ALL ENTRIES ARE AS COMPLETE AND ACCURATE AS THE DATA FURNISHED TO THE OFFICE OF COURT ADMINISTRATION BY THE NYS COURT OF CRIMINAL JURISDICTION.

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

Prices