Matter of Bonacorsa v. Van Lindt, 71 N.Y.2d 605 (1988)

An employer may request verification of the final disposition of a criminal charge when a background check reveals a discrepancy between an applicant’s statements and official records, provided the initial inquiry about the arrest was lawful.

Summary

Bonacorsa was questioned about prior arrests during an employment interview for Kings Park Psychiatric Center. He disclosed a past petit larceny charge resolved with an adjournment in contemplation of dismissal (ACD). After being hired, a background check revealed a discrepancy: the charge appeared still pending. Kings Park requested documentation of the final disposition, but Bonacorsa refused, citing a new law prohibiting inquiries about past arrests. Subsequently, he was discharged due to poor attendance and his failure to provide the requested documentation. The Court of Appeals held that Kings Park did not violate the Executive Law because the initial inquiry was lawful, and the request for clarification was justified by the discrepancy in his record.

Facts

On April 8, 1976, Bonacorsa, during a job interview with Kings Park Psychiatric Center, disclosed an arrest for petit larceny in January 1975, which he stated had been resolved with an adjournment in contemplation of dismissal (ACD).
He was assured this was