Para informacion en espanol, visite www.ftc.gov/credit o escribe a la FTC Consumer Response Center, Room 130-A 600 Pennsylvania Ave. N.W.,
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 reporting 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.ftc.gov/credit or write to: Consumer Response Center, Room 130-A,
Federal Trade Commission, 600 Pennsylvania Ave. N.W., Washington, D.C.
• 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 identify 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, by September 2005 all consumers will be entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and
from nationwide specialty consumer reporting agencies. See www.ftc.gov/credit for additional information.
• You have the right to ask for a credit score. Credit scores are numerical summaries of your 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 mortgage 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 www.ftc.gov/credit for an
explanation of dispute procedures.
• Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete or
unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it
has verified as accurate.
• 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 a 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 www.ftc.gov/credit. • 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 may opt-out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).
• 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 www.ftc.gov/credit.
States may enforce 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. Federal enforcers are:
TYPE OF BUSINESS:
Consumer reporting agencies, creditors and others not listed below
Federal Trade Commission: Consumer Response Center – FCRA; Washington, DC 20580 1-877-382-4357
National banks, federal branches/agencies of foreign banks (word "National" or initials "N.A." appear in or after bank's name)
Office of the Comptroller of the Currency; Compliance Management, Mail Stop 6-6; Washington, DC 20219; 800-613-6743
Federal Reserve System member banks (except national banks, and federal branches/agencies of foreign banks)
Federal Reserve Consumer Help (FRCH); P O Box 1200; Minneapolis, MN 55480;
Telephone: 888-851-1920; www.federalreserveconsumerhelp.gov; ConsumerHelp@FederalReserve.gov
Savings associations and federally chartered savings banks (word "Federal" or initials "F.S.B." appear in federal institution's name)
Office of Thrift Supervision; Consumer Complaints; Washington, DC 20552; 800842-6929
Federal credit unions (words "Federal Credit Union" appear in institution's name)
National Credit Union Administration; 1775 Duke Street; Alexandria, VA 22314; 703-519-4600
State-chartered banks that are not members of the Federal Reserve System
Federal Deposit Insurance Corporation; Consumer Response Center, 2345 Grand Avenue, Suite 100; Kansas City, Missouri 64108-2638;
Air, surface, or rail common carriers regulated by former Civil Aeronautics Board or Interstate Commerce Commission
Department of Transportation; Office of Financial Management; Washington, DC 20590; 202-366-1306
Activities subject to the Packers and Stockyards Act, 1921
Department of Agriculture; Office of Deputy Administrator – GIPSA; Washington, DC 20250; 202-720-7051
LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY
CONVICTED OF ONE OR MORE CRIMINAL OFFENSES
Section 750. 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:
(1) "Public agency" means the state or any local subdivision thereof, or any state or local department, agency, board or commission.
(2) "Private employer" means any person, company, corporation, labor organization or association which employs ten or more persons.
(3) "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.
(4) "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 any explosive, pistol, handgun, rifle,
shotgun, or other firearm.
(5) "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
held 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
§ 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, to 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 reason 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:
(1) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the
(2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the
safety or welfare of specific individuals or the general public.
§ 753. Factors to be considered concerning a previous criminal conviction; presumption.
1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the
(a) 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
(b) The specific duties and responsibilities necessarily related to the license or employment sought or held by the person.
(c) 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.
(d) The time which has elapsed since the occurrence of the criminal offense or offenses.
(e) The age of the person at the time of occurrence of the criminal offense or offenses.
(f) The seriousness of the offense or offenses.
(g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.
(h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the
2. 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 of 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.
1. 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.
2. 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.