Conducting Criminal Record Checks in New York

No person may be required to be fingerprinted as a condition of employment or of continuing employment. The prohibition does not apply to: employees of the state or its municipal subdivision; to employees of legally incorporated hospitals, supported in whole or in part by public funds or private endowment; to employees of medical colleges affiliated with the above mentioned hospitals or to employee of private proprietary hospitals; to employees of public art galleries or museums housing valuable object of art, precious metals or stones (at the discretion of the trustees or board); to inspectors and investigators of the Department of Agriculture and Markets; to deputy or undersheriffs; to school employees; to employees of private detective licensees; to employees of the National Security Exchange; or to farm labor contractors.

A caregiver may provide a prospective employer with a set of fingerprints upon request, or two sets of fingerprints if the prospective employer also is requesting a criminal background check from the FBI. A caregiver is a person employed for 15 hours or more per week caring for a child or children in the children's home.