Conducting Criminal Record Checks in New York
No person may be required to be fingerprinted as a condition of employment or of continuing employment. The prohibition does not apply to: employees of the state or its municipal subdivision; to employees of legally incorporated hospitals, supported in whole or in part by public funds or private endowment; to employees of medical colleges affiliated with the above mentioned hospitals or to employee of private proprietary hospitals; to employees of public art galleries or museums housing valuable object of art, precious metals or stones (at the discretion of the trustees or board); to inspectors and investigators of the Department of Agriculture and Markets; to deputy or undersheriffs; to school employees; to employees of private detective licensees; to employees of the National Security Exchange; or to farm labor contractors.
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.
Effective July 1, 2007, nonpublic and 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.
Effective February 3, 2006, 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.
Effective November 17, 2008, every residential health care facility, any certified home health care agency, licensed home care services agency or long-term home health care program certified, licensed or authorized, to provide services to patients, residents or clients is required to review the criminal history record of certain prospective employees.
