New York Ban the Box Law for Employers: 2026 Rules

November 12, 2026Compliance

Quick answer: New York has no single statewide ban-the-box law for private employers. New York City's Fair Chance Act bars criminal history questions until after a conditional offer, and State Correction Law Article 23-A limits conviction-based denials for all employers. NYC employers must give a written analysis and at least five business days to respond. Source: Reveal Background.

In NYC, run criminal checks only after a conditional offer of employment.
Statewide, weigh the eight Article 23-A factors before denying anyone over a conviction.
Always follow the federal FCRA steps: disclosure, authorization, and pre-adverse and adverse action notices.

What is the ban the box law in New York?

Ban the box means an employer may not ask about criminal history on an application or early in hiring. In New York the rules come from several layers: the NYC Fair Chance Act, State Correction Law Article 23-A, State Executive Law, and local ordinances in some other cities.

Rules change, so confirm current text with the NYC Commission on Human Rights and your counsel. This page reflects our reading as of 2026.

Which employers must comply?

The NYC Fair Chance Act applies to employers with four or more employees in New York City, including staffing and temp agencies that hire for NYC roles. It also covers independent contractors counted toward that threshold. Article 23-A applies to public and private employers statewide, regardless of size.

If you hire in several states, a single process that follows the strictest rule is simpler to audit. Reveal Background lets hiring teams order FCRA-compliant employment background screening only at the stage your policy allows.

When can you run a criminal background check in NYC?

Only after you make a conditional offer. Before that, you may not ask about arrests or convictions, search public records for them, or use job ads that say "no felons" or similar. Ask about criminal history only after the offer, then run the check.

The Fair Chance Process

If you want to withdraw the offer because of the results, the NYC process requires these steps:

Give the applicant a written copy of the inquiry results (the report).
Provide a written analysis applying the Article 23-A factors, plus the Fair Chance Notice.
Hold the job open for at least five business days so the applicant can respond.
Review any response, then make and document the final decision.

What are the Article 23-A factors?

Correction Law Section 753 requires employers to weigh eight factors when a conviction is involved. They are:

New York's public policy of encouraging employment of people with criminal records.
The specific duties of the job.
How the conviction relates to those duties.
The bearing of the conviction on fitness to perform them.
The time elapsed since the offense.
The person's age at the time of the offense.
The seriousness of the offense.
Any evidence of rehabilitation and good conduct, and the employer's legitimate interest in protecting property and the public.

An employer may deny a job only if there is a direct relationship between the offense and the job, or if hiring would pose an unreasonable risk. Document your reasoning every time.

What records can you not consider?

New York Executive Law generally bars employers from asking about or acting on sealed records, youthful offender adjudications, and arrests or accusations that ended in the person's favor. The Clean Slate Act, effective November 2024, adds automatic sealing for many older convictions after waiting periods. Treat sealed records as off limits and have counsel confirm how this applies to your searches.

How do the FCRA steps fit in?

The Fair Credit Reporting Act (15 U.S.C. 1681) applies whenever a screening company prepares your report. The FTC explains the employer duties in its guidance, Background Checks: What Employers Need to Know.

Disclosure: give a stand-alone written notice that you may obtain a report.
Authorization: get the applicant's written consent first.
Pre-adverse action: before denying, send a copy of the report and the FTC summary of rights.
Adverse action: after a reasonable waiting period, send the final notice with the screening company's contact details.

The EEOC also advises employers to use individualized assessments rather than blanket exclusions, because blanket policies can create disparate impact under Title VII.

Decision table: which rule applies to your hire?

New York rules by situation (general summary, as of 2026)
Situation	Key rule	Action
Job located in NYC, 4+ employees	Fair Chance Act	No criminal questions before conditional offer; follow the Fair Chance Process
Any New York employer, conviction found	Correction Law Art. 23-A	Weigh the eight factors; document
Sealed or favorably resolved record	Executive Law, Clean Slate Act	Do not ask or consider
Any report from a screening company	FCRA	Disclosure, authorization, pre-adverse and adverse action

Compliance checklist for hiring teams

Remove criminal history questions from NYC applications and job posts.
Make a conditional offer in writing before ordering a criminal search.
Collect the FCRA disclosure and written authorization.
Limit searches to what the role justifies (county, state, federal, national database, sex-offender registry, MVR where driving is a duty).
Prepare an Article 23-A analysis template and the Fair Chance Notice.
Wait at least five business days after sending the analysis in NYC.
Send FCRA pre-adverse and adverse action notices.
Keep records of each decision and train all recruiters.

How does Reveal Background help?

Reveal Background provides national criminal, county criminal, federal, sex-offender registry, MVR, employment and education verification, and SSN trace searches. Most searches return same-day results, there is no setup fee, and you pay per report. You can create an account and order after the conditional offer. Employers that also need a drug screen can coordinate it through American Screening Corp.

Frequently asked questions

Does New York State have a ban the box law for private employers?

There is no single statewide ban-the-box law for private employers. NYC's Fair Chance Act and some local laws impose timing limits, and Article 23-A applies statewide to every employer.

Can I ask about convictions on a NYC application?

No. In NYC you may not ask about arrests or convictions until you make a conditional offer. Ask only after the offer, then follow the Fair Chance Process.

How long must I wait before withdrawing a NYC offer?

Give the applicant at least five business days after sending the written analysis and the report. Review any response before you decide.

Do FCRA rules still apply?

Yes. If a screening company prepares the report, you must provide disclosure, get authorization, and send pre-adverse and adverse action notices under 15 U.S.C. 1681.

Sources

This article is general information, not legal or medical advice; consult counsel on adverse action and local requirements.

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