The Surprising Uniqueness of New York Criminal Records

“I run county criminal record searches in New York, and I get misdemeanors.”

We have heard this one too many times and need to set the record straight.  New York State is extremely unique when it comes to how criminal records are created and maintained. 

The uniqueness stems from the fact that the county courts in New York only hear felony charges.  Misdemeanors are heard in other courts, separate from the county.

So, the logical question is, where are all those misdemeanors?  Unlike other states where misdemeanors and felony records are heard at the county level courts, misdemeanors in New York are heard at the local, town, and city court levels. 

Felonies are heard at the county court level.  And, misdemeanors are not reported up to the county courts at all. 

Locating Misdemeanors

That means, if an employer only runs county criminal record searches in New York, they are not getting all misdemeanors.  If they do have a misdemeanor record, it is only because it started out as a felony and was pled down. 

Usually this doesn’t happen, but in some cases the county court will wrap up the case with the plea and then have a misdemeanor record in its files.  That doesn’t mean the employer is obtaining all misdemeanor information available on a subject though.

Employers may think that getting felonies only is alright.  However, before settling on that, we urge you to click Here.  This is a quick example of those crimes missed by an organization that would do only county level searches within New York State.

There are a lot of misdemeanors that have a bearing on a person being the right fit for a job.  Without that knowledge, employers end up making poor hiring decisions that cost them in the long run. 

As an educational leader, we are extremely hesitant to recommend county-by-county criminal record searches in New York.

Some misdemeanors CI has uncovered that a county criminal search did not include are: Criminal Possession of a Weapon, Operating a Motor Vehicle Under the Influence, Endangering the Welfare of a Child, and Criminal Possession of a Controlled Substance. 

See even more misdemeanors found with CI by clicking Here.

A Unique Solution

Fortunately, Commercial Investigations was working on a solution long before most employers knew it was ever a problem. 

In 1999 (prior to founding CI), our President Michelle Pyan started working with the New York State Sheriffs’ Association and their data regarding New York criminal records.

At the time we started working with the Association, there was no New York Statewide data available. 

In 2003, the New York State Office of Court Administration (NYS OCA) released its statewide product; then priced at $52.00 per name and date of birth exact match. 

Prior to 2003, there was no way to get a complete criminal history in New York State.  Today, the price is $95.00 plus financing fees, which equals $98.50 to CI clients.

Many organizations cannot afford such an expensive background check.  However, what a lot of organizations do not realize, is the uniqueness of New York criminal records. 

That’s why CI created Cursory Indicator New York™, a comprehensive New York State criminal search.  It was developed in direct response to the cost effect of the misdemeanor and felony Office of Court Administration solution in New York. 

Cursory Indicator New York™ uses the NYS Sheriffs’ Association data, not just county courts.  As a result, employers can be sure that they are receiving misdemeanor and felony information available on a subject. 

Our investigative staff performs Cursory Indicator New York™ before the NYS OCA search to determine if there is even a need to do additional research.  If Cursory Indicator New York™ finds no adverse information, the search is complete.  Therefore, the NYS OCA search does not need to be performed, thus eliminating that cost.

Click Here for a chart comparing the various criminal record sources in New York.

Beside Cursory Indicator NY, the only other feasible way to get misdemeanors in New York state is to run the New York State Office of Court Administration (NYS OCA) search. 

In 2011, Commercial Investigations became the exclusive provider of Cursory Indicator New York™ and it’s data to the background screening industry.  Since then, many organizations have benefited from this thorough and cost-saving criminal record option in New York State.

New York State’s unique criminal record system can be confusing and misleading for employers that only run county level criminal searches. 

This practice will result in them missing out on crucial misdemeanor information that could impact the hiring decision.  Cursory Indicator New York is both cost-effective and comprehensive, making it the right choice for employers.

To learn more about Cursory Indicator New York™ or to schedule a time to speak with one of our representatives, please contact us.