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Conducting Criminal Record Checks in New York

Filed under Office & HR.

Employers in New York are permitted or required to conduct criminal record checks in accordance with these rules.

Generally, a person may not be required to be fingerprinted as a condition of employment or of continuing employment. Certain limited exceptions apply.

A caregiver may provide a prospective employer with a set of fingerprints upon request, or two sets of fingerprints if the prospective employer also is requesting a criminal background check from the FBI. A caregiver is a person employed for 15 hours or more per week caring for a child or children in the children's home.

New York law requires that a criminal background check be performed on any individual who is employed by a supplemental education services provider.

Private elementary and secondary schools may require their prospective employees to submit fingerprints through the commissioner of education for the purpose of criminal background checks.

The New York Public Health Law requires children's camps to consult the sex offender registry in reference to job applicants.

Registered sex offenders may not be employed on motor vehicles engaged in retail sales of frozen desserts.

A federal criminal background check is required for any individual who applies for a security guard license in New York.

A provider, which includes residential health care facilities, certified health home agencies, licensed home care services agencies, long term health home care programs or temporary employment agencies, must request that the Department of Health check its permanent record for a determination on a prospective employee. To the extent permitted by law, a provider should request from a prospective employee a sworn statement disclosing any prior finding of patient or resident abuse, or a criminal conviction in New York or any other jurisdiction. Providers should evaluate these statements in all hiring decisions.

Residential health care facilities, certified home health care agencies, licensed home care services agencies or long-term home health care programs certified, licensed or authorized, to provide services to patients, residents or clients are required to review the criminal history record of certain prospective employees.

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