§ 8-102a [Additional definitions.]
AC § 8-102a
For purposes of paragraph (o) of subdivision 5 of section 8-107, the following terms have the following meanings: Criminal background check. The term “criminal background check” means the following actions: 1. Asking an individual, orally or in writing, if they have a criminal history; 2. Searching publicly available records, including through a third party, such as a consumer reporting agency, private database, or website, for information about an individual’s criminal history; or 3. Otherwise gathering records or information relating to an individual’s criminal history. Criminal history. The term “criminal history” means an individual’s conviction history, non-convictions and excludable matters, and pending cases. Excludable matters. The term “excludable matters” means: 1. A criminal action that was resolved in favor of an individual, including actions concluded in one of the following ways: (a) Termination in favor of the individual; (b) Adjudication as a youthful offender or for juvenile delinquency; (c) Conviction of a violation; or (d) Conviction that has been sealed; 2. Criminal charges pending for which a court has issued an adjournment in contemplation of dismissal pursuant to sections 170.55, 170.56, 210.46, 210.47, or 215.10 of the New York criminal procedure law, or pursuant to a comparable law of another jurisdiction that is in effect; and 3. A disposition of a criminal matter under federal law or the laws of another jurisdiction that results in a status comparable to what results from an “excludable matter” under New York law. Pending case. The term “pending case” means a criminal accusation or an arrest based on a criminal accusation that has not yet been adjudicated to a verdict or dismissed at the time the criminal background check or analysis is conducted by a covered entity. An action that has been adjourned in contemplation of dismissal shall not be considered a pending case unless, prior to the time the criminal background check or analysis is conducted by a covered entity the order to adjourn in contemplation of dismissal is revoked and the case is restored to the calendar for further prosecution. Reviewable criminal history.
1.The term “reviewable criminal history” means: (a) Any conviction registered on the New York sex offense registry maintained by the state division of criminal justice services pursuant to section 168b of the New York corrections law, on the federal sex offense registry created pursuant to section 20902 of title 34 of the United States code, or on a register in any other jurisdiction for which an individual is required to register as a sex offender; (b) Any other misdemeanor conviction under the laws of New York or another jurisdiction where less than three years have passed from (a) the date of release from incarceration, or (b) the date of sentencing for an individual who was not sentenced to a period of incarceration; (c) Any other felony conviction under the laws of New York or another jurisdiction where less than five years have passed from (a) the date of release from incarceration, or (b) the date of sentencing for an individual who was not sentenced to a period of incarceration.
2.However, the term “reviewable criminal history” shall not include: (a) Convictions that have been sealed, expunged, the subject of an executive pardon, the subject of a certificate of relief from disabilities, or otherwise legally nullified or vacated; (b) Convictions in another jurisdiction for (i) having sought, obtained, provided, or facilitated reproductive or gender-affirming care, as defined in section 10-184.1 of the administrative code, outside the state of New York under circumstances where the conduct would have been lawful had it occurred in the state of New York; (ii) having engaged in “legally protected health activity” as defined in section 570.17 of the New York criminal procedure law; or (iii) conviction for the possession of cannabis that would not constitute a felony in the state of New York; or (c) Excludable matters. (L.L. 2024/024, 1/20/2024, eff. 1/1/2025)
