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Prohibited information. (a) No consumer reporting agency shall report or maintain in the file on a consumer, information: (1) relative to an arrest or a criminal charge unless there has been a criminal conviction for such offense, or unless such charges are still pending, (2) relative to a consumers race, religion, color, ancestry or ethnic origin, or (3) which it has reason to know is inaccurate.
(f) (1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information. (v) records of conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years; (viii) any other adverse information which antedates the report by more than seven years.
(2) The provisions of this subdivision shall not apply to: (i) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of fifty thousand dollars or more; (ii) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of fifty thousand dollars or more; or (iii) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal twenty-five thousand dollars, or more
EFFECTIVE NOVEMBER 1, 2007; New York employers may no longer inquire into, or make an adverse employment decision based on, an applicant’s or employee’s having been convicted of a criminal offense when the conviction record has been sealed pursuant to Section 160.55 of the Criminal Procedure Law or when the conviction is classified as a youthful offender adjudication under Section 720.35(1) of the Criminal Procedure Law. |
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