New York City to Update Fair Chance Act Rules
New city regulations for criminal history background checks will take effect on October 30, 2026.
Updated on Oct. 26, 2026 in Job Fairs
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Should employers be required to ignore certain past criminal history when making hiring decisions?
The New York City Commission on Human Rights is adopting updated regulations for the Fair Chance Act that will take effect on October 30, 2026. These rules clarify how employers must handle criminal history screening and individualized applicant assessments.
Why it matters
These regulations formalize compliance standards for the Fair Chance Act to protect applicants and employees from improper background screening practices. By establishing specific evaluation timelines and documentation requirements, the city aims to provide greater transparency in hiring.
Employers must provide applicants at least five business days to respond to any adverse action notifications. Additionally, any unpaid leave for employees under investigation that exceeds five business days is now presumed to be unreasonable.
The players
New York City Commission on Human Rights
This local agency is responsible for enforcing the city's anti-discrimination laws and human rights regulations.
The details
Under the new mandate, employers must withhold criminal history inquiries until a conditional job offer has been made and are strictly prohibited from considering protected non-convictions like dismissed cases or youthful offender adjudications. Companies are also required to provide written assessments for adverse actions and conduct a new analysis if an applicant identifies a material error in their history.
Timeline
The Fair Chance Act first restricted criminal history inquiries in 2015.
Amendments expanded background screening protections in July 2021.
The updated regulations will take effect on October 30, 2026.
Market Landscape
These regulatory changes build upon the Fair Chance Act to tighten oversight of hiring processes across the city. By standardizing these procedures, the city is shifting the burden of proof onto employers to justify adverse hiring decisions based on criminal conduct.
Job seekers in New York City gain clearer protections against the consideration of non-convictions during the hiring process. Employers must now adjust their background screening workflows to ensure all conditional offers and individualized assessments meet these specific regulatory timelines.
The takeaway
Applicants should verify their own background history ahead of time to identify potential errors that could delay the conditional offer process. Employers are advised to update their internal compliance policies before the October 30 deadline to avoid potential claims under the expanded rules.
Further reading
Learn more about local hiring standards in the Job Fairs section.
Live Poll
Should employers be required to ignore certain past criminal history when making hiring decisions?
