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