Pre-Employment Background Checks

  • State and City laws prohibit employers from inquiring into an applicant’s criminal history (i.e., convictions) on an employment application.
  • Many of these laws do not prohibit employees from asking questions about criminal history later in the hiring process (i.e., after first interview or conditional offer of employment).
  • Federal vs. State Laws.
  • NYC “Fair Chance Act” (i) Prohibits “check boxes” on job applications concerning past convictions; (ii) Cannot ask about applicant’s criminal history until after conditional offer.
  • NYC also BANS use of Credit Checks in hiring. Limited exceptions: (i) If position has signing authority over funds worth $10K or more; (ii) If position has regular access to trade secrets (does not include customer lists).


Federal and state liability:

  • Fair Credit Reporting Act
  • Title VII of the Civil Rights Act of 1964
  • “Ban the Box” Laws (Cannot ask about criminal record on employment application)


Different Types:

  • Criminal;
  • Civil (aka Consumer Reports) - Credit history, education, address verification, workers’ compensation records.
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Contact Us

Managing Attorney

Angel A. Castro, III, Esq.

300 East 95th Street

Suite 172
New York, NY




Phone: (347) 762-6334
Fax: (212) 731-0217


Hablamos Espanol



Serving in the Federal District Courts, Second Circuit Court of Appeals, New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Nassau, Westchester, Broome and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.


We are available to meet in Manhattan and Syracuse, New York. If you would like to meet outside of these areas, please contact us and we can arrange for a meeting place to discuss your matter.

This website contains general info. about AA Castro C.L.A.N, PLLC and is not intended to serve as a source of legal advice.


Neither receipt of information presented on this site nor any email or other electronic communication sent to Castro CLAN PLLC or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Castro CLAN PLLC expressly disclaims liability with respect to actions taken or not taken based on the contents of this site.


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