Reminder for Employers with Hiring Offices in New York State

 
Employment Screening Services wants to remind all clients with hiring offices in the state of New York that as of February 1, 2009, you must comply with the New York State Corrections Law Article 23-A Section 753, “Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses."
 
ESS stands ready to help.  Complying with the new requirements can be described in three easy steps.  
 

1. Post a copy of the NY Corrections Law on your employment information board.  
A laminated poster of the law can be obtained from numerous providers.  One service that offers the poster for $12.99 can be found at


2.
Give a copy of the Law Article to all your applicant when they sign the background check authorization and release form.
Click here for a copy of the Law Article on one page.

      3. If a criminal record is found on an applicant/employee or licensee, provide a copy of the Law Article once again. 
(Note:  the Law Article states that at the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial.)

Employment Screening Services provides additional assistance!  

In addition to the one-page version of the law that is provided, we also developed a sample letter for you to provide to an applicant/employee who comes back with a criminal record found. (Click Here for copy) **Furthermore, if you indicate when ordering the background check that the NY Corrections Law applies to your order, we will automatically send you the letter (with the applicant's name/address and your name/address imported) and a copy of the Law at the same time the criminal record is sent to you.  From there you can forward or mail the letter and NY law to the applicant/employee. There is no charge for this service.

Q&A's

Q. What if my company has no presence in New York, but the job applicant is a NY resident?
A.  The law does not apply.

Q. What if our hiring office is in New York, but the applicant is not a NY resident?
A.  The law still applies.

Q.  What if the criminal record found is not found in New York.
A.  The law still applies if your company or hiring office is in New York.

Q.  We want you to send the letter and the Law back to us whenever there is a criminal record found, but why do we have to request this with each order? 
A.  Some screenings that originate out of a New York office are routed to ESS through our client's main office in another state. The applicant's address or the client's billing address will not always determine if the NY law applies or not.  Just let us know if you would like a revised order form that has a place to indicate if the law applies.

Please contact us with any other questions.  1-800-473-7778 
 

This notification should not be construed as legal advice or legal opinion on any specific facts or circumstances.  The contents are intended for general information purposes only, and you are urged to consult an attorney concerning your own situation and any specific legal questions you may have.
  


 


Employment Screening Services, Inc.
627 E. Sprague Avenue
Suite 100
Spokane, WA  99202
1-800-473-7778
e-Update@employscreen.com