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New York Expands Criminal History Record Protections - HR ALERTS

New York Expands Criminal History Record Protections

Shocked woman looking in oversized empty file in front of outline of NY
Effective: March 22, 2025

Effective March 22, 2025, employers of all sizes in New York will be prohibited from requiring an applicant or employee to provide a copy of their criminal history record obtained from the New York State Division of Criminal Justice Services (DCJS).


Key Updates:

  • Employers cannot request that applicants or employees obtain and submit their own DCJS records.

  • This change closes a loophole that previously allowed employers to indirectly access information they are legally prohibited from considering.

  • The law reinforces that confidential criminal history records cannot be used in hiring or employment decisions.


Action Item:

  • Review and update hiring policies and practices to ensure compliance by March 22, 2025.

  • Train hiring managers and relevant staff on the updated restrictions.


Background:

This update stems from NY S 940, which was signed into law on November 22, 2024.



Get day-to-day updates on New York Expands Criminal History Record Protections visit the Vida HR Knowledge Center (Vida HR Clients Exclusive).

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