A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer report agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.

• You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment – or to take another adverse action against you – must tell you, and must give you the name, address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your “file disclosure”). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
  • A person has taken adverse action against you because of information in your credit report;
  • You are the victim of identity theft and place a fraud alert in your file;
  • Your file contains inaccurate information as a result of fraud;
  • You are on public assistance;
  • You are unemployed but expect to apply for employment within 60 days.

In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.

• You have the right to ask for a credit score. Credit scores are numerical summaries of you credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgages transactions, you will receive credit score information for free from the mortgage lender.
• You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See consumerfinance.gov/learnmore for an explanation of dispute procedures.
• Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need – usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.
• You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to consumerfinance.gov/learnmore/

• You may limit “prescreened” offers of credit and insurance you get based on information in your credit report. Unsolicited “prescreened” offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You
• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For more information, visit consumerfinance.gov/learnmore.

States may inforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact:

ADDITIONAL INFORMATION ABOUT THE FAIR CREDIT REPORTING ACT

The Summary of your Rights provided above does not reflect certain amendments contained in the Consumer reporting Employment Clarification Act of 1998. The following additional information may be important for you:

• Records of convictions of crimes can be reported regardless of when they occurred.
• If you apply for a job that is covered by the Department of Transportation’s authority to establish qualifications and the maximum hours for that job and you apply by mail, telephone, computer, or other similar means, your consent to a consumer report may validly obtained orally , in writing or electronically. If an adverse action is taken against you because of a consumer report for which you gave consent over the telephone, computer, or similar means, you may be informed of the adverse action and the name, address, and phone number of the consumer reporting agency, orally, in writing, or electronically.

Article 23-A

Licensure and Employment of Persons Previously
Convicted of One or More Criminal Offenses

Section750. Definitions

Section 751. Applicability

Section 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited.

Section 753 .Factors to be considered concerning a previous criminal conviction; presumption

Section 754. Written statement upon denial of license or employment

Section 755. Enforcement

750          Definitions. For the purposes of this article, the following terms shall have the following meanings:

• Public agency means the state or any local subdivision thereof, or any state or local department, agency, board or commission
• Private employer means any person, company, corporation, labor organization or association which employs tem or more persons.
• Direct relationship means that the nature of criminal conduct for which the person was convicted has a direct bearing on his fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license, opportunity, or job in question
• License means any certificate, license, permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that license shall not, for the purposes of this article, include any license or permit to own, possess, carry, or fire an explosive, pistol, handgun, shotgun, or other firearm.
• Employment means any occupation, vocation, or employment, or any form of vocational or educational training. Provided, however, that employment shall not, for the purposes of this article, include membership in any law enforcement agency.

751          Applicability. The provisions of this article shall apply to any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction, and to any license or employment help by any person who is convicted of one or more criminal offenses in this state or in any other jurisdiction, and to any license or employment help by any person whose conviction of one or more criminal offenses in this state or in any other jurisdiction preceded such employment or granting of a license, except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an executive pardon, certificate of relief from disabilities or certificate of good conduct. Nothing in this article shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee.

752          Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and no employment or license held by an individual, the which the provisions of this article are applicable, shall be denied or acted upon adversely by reason of the individual’s having been previously convicted of one or more criminal offenses, or by reasons of a finding of lack of good moral character when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses unless:

• There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by that individual; or
• The issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property r to the safety or welfare of specific individuals or the general public.

753          Factors may be considered concerning a previous criminal conviction; presumption.

• In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors:
  1. The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses.
  2. The specific duties and responsibilities necessarily related to the license or employment sought or held by the person.
  3. The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities.
  4. The time which has elapsed since the occurrence of the criminal offense or offenses
  5. The age of the person at the time of occurrence of the criminal offense or offenses
  6. The seriousness of the offense or offenses.
  7. Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct
  8. The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public
• In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption or rehabilitation in regard to the offense or offenses specified therein.

754          Written statement upon denial of license or employment. At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial.

755          Enforcement

• In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy –eight of the civil practice law and rules.
• In relation to actions by private employers, the provisions of this article shall be enforceable by the division of human rights pursuant to the powers and procedures set forth in article fifteen of the executive law, and, concurrently, by the New York City commission on human rights.