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-   -   Arrested, case dismissed, infraction instead, what will show up in background check? (https://www.askmehelpdesk.com/showthread.php?t=665346)

  • Jun 1, 2012, 11:22 AM
    rlrl2010
    Prohibited Criminal Records Disclosures.
    NY GEN BUS § 380-j provides: “(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…”

    In addition, under § 380-j “no consumer reporting agency may make any consumer report containing… “(v) records of conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years” with the exception that there is no seven-year limitation where “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.”
    Non-Criminal” Offenses And Violations Can Trip Up Employers
    Employers need to proceed with caution before utilizing “non-criminal” offense records. Some states, such as New York and New Jersey, have created categories of minor offenses that are specifically deemed to be “non-criminal.

    New York also has its own version of the FCRA. ESR forms and procedures incorparte NY law.

    Above is some other things I found pertaining to this
  • Jun 1, 2012, 11:27 AM
    rlrl2010
    Person is guilty of disorderly conduct when, with intent to cause
    Public inconvenience, annoyance or alarm, or recklessly creating a risk
    Thereof:
    1. He engages in fighting or in violent, tumultuous or threatening
    Behavior; or
    2. He makes unreasonable noise; or
    3. In a public place, he uses abusive or obscene language, or makes an
    Obscene gesture; or
    4. Without lawful authority, he disturbs any lawful assembly or
    Meeting of persons; or
    5. He obstructs vehicular or pedestrian traffic; or
    6. He congregates with other persons in a public place and refuses to
    Comply with a lawful order of the police to disperse; or
    7. He creates a hazardous or physically offensive condition by any act
    Which serves no legitimate purpose.
    Disorderly conduct is a violation.

    Dis Con in NY is classified as a violation. But it is still part of the NY Penal Code just like misdemeanors and felonies
  • Jun 1, 2012, 11:30 AM
    smoothy
    Shoplifting is not Disorderly conduct.
  • Jun 1, 2012, 12:10 PM
    JudyKayTee
    Quote:

    Originally Posted by smoothy View Post
    Shoplifting is not Disorderly conduct.


    This is one of those "don't confuse me with facts, my mind is made up" discussions.

    Not helping the OP a bit and there is a clear misunderstanding of the law.

    So - let people believe what they will. I'll keep doing background checks and finding out info which apparently I'm not supposed to have and life will be good.

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