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New York recently enacted new legislation impacting all New York companies that procure criminal background checks on job applicants and employees from third-party background screening companies. The legislation represents an amendment to Section 380-c and 380-g of the General Business Law and goes into effect on February 1, 2009.

Requirements: Companies must provide individuals subject to a criminal background check with a copy of Article 23-A of the Corrections Law: “Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses,” both before it requests a criminal history report from a background screening company and when it receives a background screening report reflecting a criminal history “hit.”

The recently passed legislation also requires employers to post a copy of Article 23-A of the Corrections Law and related regulations conspicuously in the workplace.

Questions? Visit www.CorporateScreening.com, contact Corporate Screening Support at 800-229-8606 and select option 3, or contact your Account Representative. For legal advice regarding this change in legislation for New York criminal background checks, contact your legal counsel. For a copy of article 23-A, click on the following link: http://www.omh.state.ny.us/omhweb/fingerprint/ARTICLE23_a.pdf.