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New York guide

New York background-check timing guide

New York employers should treat criminal-history checks as a post-offer workflow and expect Article 23-A style relevance analysis before adverse action.

Pre-offer posturewait
Conditional-offer guidanceIf the state or local rule is restrictive, move criminal-history review until after a conditional offer and document why the screening is job-related.
Adverse-action notesBefore taking adverse action based on a consumer report, send the pre-adverse packet, wait a reasonable review period, then send the final adverse-action notice.
Local-law cautionLocal fair-chance ordinances may be stricter than statewide guidance, especially in larger cities.
Role-specific cautionCity rules can be stricter than statewide guidance.
Reviewed and sourced

Reviewed 2026-04-18

This tool gives workflow guidance, not legal advice. If the role is regulated or the work location is city-specific, confirm local counsel or agency materials.

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