Can an employer under NY state laws terminate employment because of an arrest, employee discrimination

Asked over 6 years ago - New York, NY

Dear Sir/ Madam,

I have been charged with a misdemeanour A, arrested and given a summons. My first court date is August 26. So I haven't yet been there or appeared before the judje. Can the employer already see my arrest record in some free public databases - without asking me the written permit to turn to the proper agency for information? I haven't been asked for the permit or whatever, but think that the employer might have receieved this info.


Attorney answers (1)

  1. John M. Kaman


    Contributor Level 20


    Lawyer agrees


    Answered . Free public data bases shouldn't turn up an arrest, and many states have laws against discriminating against you based on an arrest only. That said, there are many private firms which gather information for employers for a fee and usually if you have an arrest record an employer of any size can figure that out.

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