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 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 or 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
160.58 or 160.59 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. An individual required or
requested to provide information in violation of this subdivision may
respond as if the arrest, criminal accusation, or disposition of such
arrest or criminal accusation did not occur. The provisions of this
subdivision shall not apply to the licensing activities of governmental
bodies in relation to the regulation of guns, firearms and other deadly
weapons or in relation to an application for employment as a police
officer or peace officer as those terms are defined in subdivisions
thirty-three and thirty-four of section 1.20 of the criminal procedure
law; provided further that the provisions of this subdivision shall not
apply to an application for employment or membership in any law
enforcement agency with respect to any arrest or criminal accusation
which was followed 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 160.58 or 160.59 of the criminal procedure law, or by a
conviction which is sealed pursuant to section 160.57 of the criminal
procedure law. For purposes of this subdivision, an action which has
been adjourned in contemplation of dismissal, pursuant to section 170.55
or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, shall
not be considered a pending action, unless the order to adjourn in
contemplation of dismissal is revoked and the case is restored to the
calendar for further prosecution.