Th is state law requires employers to evaluate individuals on a case-by-case basis rather than unfairly discriminating against every person with a criminal record. In addition , companies must give a copy of Article A to anyone undergoing a background check.
This language seeks to exclude candidates with a criminal background. Inquiries about arrests, sealed convictions or youthful offenses are illegal. Also, businesses must provide a disclaimer stating a conviction does not automatically eliminate an applicant from consideration.
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A best practice is to prepare and write-out questions in advance. This ensures inquiries are legal and appropriated worded. While the FCA does not require employers to hire candidates whose convictions are directly related to a job or pose an unreasonable risk, it ensures that individuals with criminal histories are considered based on their qualifications before their conviction histories.
If the employer wishes to nevertheless withdraw its offer, it must first give the applicant a meaningful opportunity to respond before finalizing its decision.
Checking your own Criminal Record in New York
The FCA applies to both licensure and employment, although this Guidance focuses on employment. Any time the FCA or this Guidance requires notices and disclosures to be printed or in writing, they may also be communicated by email, if such method of communication is mutually agreed on in advance by the employer and the applicant. For temporary help firms, a conditional offer is the offer to be placed in a pool of applicants from which the applicant may be sent to temporary positions.
A previous conviction of a crime, either a felony or misdemeanor under New York law, 7 or a crime as defined by the law of another state. A previous record of criminal convictions or non-convictions or a currently pending criminal case. A criminal action that has been adjourned in contemplation of dismissal pursuant to section Before a Conditional Offer The FCA prohibits the discovery and use of criminal history before a conditional offer of employment.
Protecting Yourself When Using Criminal Background Checks | National HIRE Network
The following are examples of common hiring practices that are affected by the FCA. Solicitations, advertisements, and publications for employment cannot mention criminal history. The FCA now explicitly prohibits employers from expressing any limitation or specification based on criminal history in their job advertisements, 13 even though such advertisements are already illegal under the existing NYCHRL. Employment applications cannot ask whether an applicant has a criminal history or a pending criminal case or authorize a background check.
Solicitations, advertisements, and publications may include language that welcomes people with criminal records, however. For example, solicitations, advertisements, or publications that include language such as "People with criminal histories are encouraged to apply," and "We value diverse experiences, including prior contact with the criminal legal system" are permissible. Stigmatizing language, like "ex-felon" and "former inmate," may not be used. Employers cannot inquire about criminal history during the interview process.
The FCA allows an applicant to refuse to respond to any prohibited inquiry or statement.
Such refusal or response to an illegal question shall not disqualify the applicant from the prospective employment. Inadvertent disclosures of criminal record information before a conditional offer of employment do not create employer liability.
If a legitimate inquiry not made for that purpose leads an applicant to reveal criminal history, the employer should continue its hiring process. Similarly, if an applicant asks an employer during the interview if she or he will be subject to a criminal background check, the employer may state that a criminal background check will be conducted only after a conditional offer of employment. It must then move the conversation to a different topic. Employers who make a good faith effort to exclude information regarding criminal history before extending a conditional offer of employment will not be liable under the FCA.
However, employers must never inquire about or act on non-conviction information, however or ACDs that have not been revoked. To guard against soliciting or considering non-conviction information, employers may frame inquiries by using the following language after a conditional offer is made: Have you ever been convicted of a misdemeanor or felony?
If an employer hires an applicant after learning about her or his conviction history, the FCA does not require it to do anything more. An employer that wants to withdraw its conditional offer of employment, however, must first consider the Article A factors. If, after doing so, an employer still wants to withdraw its conditional offer, it must follow the Fair Chance Process.
An employer cannot simply presume a direct relationship or unreasonable risk exists because the applicant has a conviction history.
If a direct relationship exists, an employer must evaluate the Article A factors to determine whether the concerns presented by the relationship have been mitigated. Employers must also consider a certificate of relief from disabilities or a certificate of good conduct, which shall create a presumption of rehabilitation regarding the relevant conviction. The Fair Chance Process If, after evaluating the applicant according to Article A, an employer wishes to decline employment because a direct relationship or unreasonable risk exists, it must follow the Fair Chance Process: 1.
Share with the applicant a written copy of its Article A analysis; and 3. It could be called a police report of no criminal record found, FBI background check, criminal background check, police record, FBI no criminal, non criminal history, good conduct certificate. If you need someone to take your fingerprints, you can go to your local police station to have them roll your prints.
There will probably be a fee for this service they provide. Make sure you ask for an Apostille ready Background Check. Download you order form here.
If you have a Sealed Records they are not disclosed. If you are interested in this service you will need to provide me with your First Name, Last Name, Date of Birth and a address to use for the report. The turn around time for this service is 1. Fingerprints are not required since the record search is not based on your finger prints, but on the information requested.
The New York State Background Record Check service is available 24 hours a day 7 days a week, except when the court computers are down for maintenance. We can e-mail you a copy immediately once payment is received, however, if you wish for your results to be certified by the court you will have to wait 1 business day unless you ordered expedited service.
The expedited service is only available on business days, Monday thru Friday, except when the court is close.
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