Legal Question in Business Law in New York

Re: Expunged Records

In NY it is illegal for either a government or non government employer to inquire as to whether someone was ever arrested. They have a right to ask only if the person was ever convicted for a crime and even then they cannot discharge an employee for such a dismissal unless it directly relates to the job they will do.

Now there are exceptions to the inablility to inquire but they are very specific. They include a job that requires licensing where such information would be required by the licensing agency (think Stock broker or Lawyer/Doctor. Another specific exception is in law enforcement work.

If you think you have been discriminated against this way by a NYC company, you should consult a lawyer to see if you can bring a suit against the company. My firm handles cases like that. You may reach me through the links below.

Please note expungement suggests your case was not dismissed but your conviction was excused. Those two things are not the same. IF you had been convicted, then the employer is not in the wrong.

Good Luck