What is the name of your state? NY. I have a 'violation" conviction on my record from 10 years ago in NY. A 'violation" is considered a non-criminal offense and is not considered a crime in NY.
My concern has to do with violation offenses appearing in a Consumer Credit Report in NY for employment, insurance, loans, etc.
NY has it's own credit reporting laws. NY laws are governed by the NY General Business laws. Article 25, section 380j of the NY General Business laws have restrictions as to what kinds of information is prohibited from appearing in a Consumer Report in NY. Arrest information is prohibited "unless there has been a criminal conviction for the arrest".
I consulted with a Consumer Reporting Agency in NY that is very familiar with NY reporting laws and they say that a conviction for a violation CANNOT by law be reported in a Consumer Report, and that as a reporting agency they follow the letter of the law in that regard. When they do a criminal check on a consumer/job applicant whose job is to be located in NY, they go to the criminal database to pull the record but after they get it if they see it was a violation conviction they cannot report it. They can only report a felony or misdemeanor conviction. They also told me it doesn't matter when the violation happened. If it happened just yesterday of over 7 years ago a violation cannot be reported.
However i was just reading a publication from NY state about the details of how criminal background checks are done in NY. This publication says that though violations are not supposed to be reported to an employer in NY, mistakes frequently happen and violations often do get reported.
My question--if my violation was ever reported to an employer in NY, would I have any legal recourse?
My concern has to do with violation offenses appearing in a Consumer Credit Report in NY for employment, insurance, loans, etc.
NY has it's own credit reporting laws. NY laws are governed by the NY General Business laws. Article 25, section 380j of the NY General Business laws have restrictions as to what kinds of information is prohibited from appearing in a Consumer Report in NY. Arrest information is prohibited "unless there has been a criminal conviction for the arrest".
I consulted with a Consumer Reporting Agency in NY that is very familiar with NY reporting laws and they say that a conviction for a violation CANNOT by law be reported in a Consumer Report, and that as a reporting agency they follow the letter of the law in that regard. When they do a criminal check on a consumer/job applicant whose job is to be located in NY, they go to the criminal database to pull the record but after they get it if they see it was a violation conviction they cannot report it. They can only report a felony or misdemeanor conviction. They also told me it doesn't matter when the violation happened. If it happened just yesterday of over 7 years ago a violation cannot be reported.
However i was just reading a publication from NY state about the details of how criminal background checks are done in NY. This publication says that though violations are not supposed to be reported to an employer in NY, mistakes frequently happen and violations often do get reported.
My question--if my violation was ever reported to an employer in NY, would I have any legal recourse?