New York Pre-Employment Screening

Different states have started this trend of monitoring hiring process by imposing different sorts of laws. New York, as one of the largest business hubs in the world and especially that of USA, has a very different kind of screening law as compared to that of other states. The core reason of this is to encourage more people towards decent way of earning after a criminal law- such a new idea!

Looking right at it, it looks like State of New York uses the background information and law to favor the employees. Once the organization has all the right knowledge about the system of law, employers find this process helpful in hiring the right people for the right job.

Awareness about the hiring process of the state for using the background information to ensure lawful hiring will also help in hiring other parts of the world too. New York holds employers at a high standard, and puts forward an approach that is different from all i.e. forbids the mentioning of criminal history on the forms.

High Standards of the Employers

In New York State, the criminal record of the applicant conflicts with the related job, she/he may be automatically ineligible to apply for it. However, there are various other considerations that are to be taken under consideration as a result of pre-employment screening.

According to Law article 23-A section 753 the employers are to consider the following, when hiring:

1. The time of conviction
2. Severity of the committed crime
3. Age of the applicant when the crime was committed

For instance, if within the last five or three years of the crime the conduct of the applicant has been registered as good and non-offensive, he or she is eligible to enjoy the State hiring and pass the rehabilitation test. Along similar lines, the employers are not allowed to ask a criminal who has been passed the test of conduct about the previously committed crimes and his other convictions. Neither are they to consider convictions that are older than five years.

Misdemeanors and Felonies are Different:

In New York, there are two different courts that are responsible for undertaking the tracking process of criminal records of applicants; upper and lower courts. The upper courts handle the records of felony while the lower court is responsible for managing misdemeanors. Various lower courts deny access to this critical check of background information.

Asking About Criminal History

This background checks procedure allows the employers to confirm the information that has been mentioned on the resumes of the applicants. This factor however does not apply to the state laws of New York. In fact, in New York it is considered illegal to ask during an interview from the applicant about his personal history and specifically that of his/her criminally history. It is considered wise to track the previous history of conduct, but only that which is available to the employers in the recent years, and the one that is no longer a factor of trouble or conflict for the related job role.

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