NY A03726

Employers, employment agencies, and their agents are prohibited from making inquiries or statements about an applicant's arrest or conviction record during the application and interview process.

Inquiries include written or verbal questions and searches of public records or consumer reports conducted to obtain criminal background information.

Applicants cannot be required to respond to prohibited inquiries and cannot be disqualified from employment for refusing to answer.

Employers may conduct criminal background checks only after extending a job offer to an applicant.

If a job offer is revoked based on criminal history, the employer must provide a written explanation with a copy of the report, and the applicant has five business days to respond.

The law does not apply to background checks required by state, federal, or local law or employment bars based on criminal history.