16. It shall be an unlawful discriminatory practice, unless
specifically required or permitted by statute, for any person, agency,
bureau, corporation or association, including the state and any
political subdivision thereof, to make any inquiry about, whether in any
form of application or otherwise, or to act upon adversely to the
individual involved, any arrest or criminal accusation of such
individual not then pending against that individual which was followed
by a termination of that criminal action or proceeding in favor of such
individual, as defined in subdivision two of section 160.50 of the
criminal procedure law, or by an order adjourning the criminal action in
contemplation of dismissal, pursuant to section 170.55, 170.56, 210.46,
210.47, or 215.10 of the criminal procedure law, or by a youthful
offender adjudication, as defined in subdivision one of section 720.35
of the criminal procedure law, or by a conviction for a violation sealed
pursuant to section 160.55 of the criminal procedure law or by a
conviction which is sealed pursuant to section 160.59 or 160.58 of the
criminal procedure law, or by a conviction which is sealed pursuant to
section 160.57 of the criminal procedure law, except where such
conviction record is accessed pursuant to subparagraph (vii), (viii), or
(xvi) of paragraph (d) of subdivision one of section 160.57 of the
criminal procedure law, in connection with the licensing, housing,
employment, including volunteer positions, or providing of credit or
insurance to such individual; provided, further, that no person shall be
required to divulge information pertaining to any arrest or criminal
accusation of such individual not then pending against that individual
which was followed by a termination of that criminal action or
proceeding in