How far back do background checks go in new york

In New York, the scope of a background check can vary depending on the type of check being conducted and the purpose of the check. Here are some general guidelines on how far back background checks typically go in New York:

  1. Criminal Background Checks: For most criminal background checks in New York, the search typically goes back 7-10 years. This means that the check will review criminal records from the past 7-10 years, including arrests, convictions, and pending charges.
  2. Employment Background Checks: For employment background checks, the search may go back further, typically 10-15 years, depending on the employer's policies and the type of job being applied for. This is because some employers may want to review an applicant's entire criminal history, including older convictions that may not be relevant to the job being applied for.
  3. Licensing and Permitting: For licensing and permitting purposes, such as obtaining a driver's license, professional license, or gun permit, the search may go back further, typically 20-30 years. This is because licensing authorities may want to review an individual's entire criminal history, including older convictions that may be relevant to the license or permit being applied for.
  4. FBI Background Checks: For FBI background checks, such as those conducted for federal employment, security clearances, or immigration purposes, the search typically goes back 10-20 years. This is because the FBI's National Instant Criminal Background Check System (NICS) reviews an individual's entire criminal history, including older convictions and arrests.

It's worth noting that some states, including New York, have laws that prohibit the use of certain types of criminal history information in employment decisions, such as the Fair Chance Act. This law prohibits employers from asking about or considering an applicant's criminal history until after a conditional offer of employment has been made.

In summary, the scope of a background check in New York can vary depending on the type of check being conducted and the purpose of the check. While most criminal background checks typically go back 7-10 years, employment background checks may go back further, and licensing and permitting checks may go back even further.