In New York, how old does a DWI I got have to be before I can get it expunged from my record? 7 Answers as of April 15, 2011

What amount of time should I have to wait before I can get a DWI expunged? I was arrested over 10 years ago because I was arrested in Jericho for a DWI. I have since then cleaned up my act, and am looking for a new job in the area. However, I am concerned that the DWI charge I got will show up during the process.

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Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
NY does not expunge criminal convictions.
Answer Applies to: New York
Replied: 4/15/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You can get a drug charge expunged or vacated if you go to Judicial Diversion and after 24 or 18 months of counseling the case will be dismissed. In New York cases are not expunged, they can only be vacated with a 440.10 motion if there was something illegal or improper about the conviction or if there is new evidence that the person was innocent. It is never taken off the police computer if you are arrested or convicted, but if it is vacated or dismissed employers or colleges will not be able to see the arrest record, only the police and DA can see the NYSID computer print out, but not the actual file if it is sealed. Only in certain states like Tennessee can you move to have a record expunged, and that usually requires certain limited circumstances. You can get a Certificate of Relief of Civil Disabilities which will allow you to get certain jobs that would otherwise be prohibited, but your employer will still be aware of the conviction.
Answer Applies to: New York
Replied: 2/28/2011
Expert Bronx Criminal Lawyers
Expert Bronx Criminal Lawyers | Alexander Sanchez
Unfortunately, there is no expungement of criminal convictions in New York. The best you can hope for is a certificate of relief of civil disabilities.
Answer Applies to: New York
Replied: 2/25/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
I'm sorry to have to be the one to tell you this, but it is never expunged from your record. However, if it was over 10 years ago it will not be directly used against you to prove a felony DWI charge which would have been the case in the event the second one was within 10 years. Nonetheless, you should expect your prior conviction to show up on a background check. However, in most instances, a DWI is not something that most employers will take so hard that they'll refuse to employ you. Good luck.
Answer Applies to: New York
Replied: 2/25/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
First this response is general information only and does not establish an attorney client relationship. However there is no set amount of time you have to wait to try to expunge a conviction. You should hire an attorney now to try to expunge it. However I do not know what your chances of success are since I do not know how old you were at the time of the offense and what the exact charges were and what you were convicted off and whether there was an accident and whether anyone got injured or whether there was damage to a vehicle or other property.
Answer Applies to: New York
Replied: 2/25/2011
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    In NY there is no expungement. While the crime will always be on your record the more time that goes by the better off you are showing a track record to potential employers is important.
    Answer Applies to: New York
    Replied: 2/25/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    You may be able to apply in court for a Certificate of Relief from Civil Disabilities In general, Section 701 provides that a certificate may relieve an eligible offender of any forfeiture or disability, or remove any bar to employment, automatically imposed by law by reason of conviction of the crime or the offense. A conviction for a crime specified in a certificate of relief from disabilities shall not cause automatic forfeiture of any license, permit, employment or franchise, including the right to register for or vote at an election, or automatic forfeiture of any other right or privilege, held by the eligible offender and covered by the certificate. However, a certificate can not overcome automatic forfeiture resulting from convictions for violations of Section 2806 (5) of the Public Health Law or Section 1193(2) of the Vehicle and Traffic Law. A certificate also does not permit the convicted person to retain or be eligible for public office, nor does it void the conviction as if it were a pardon (see Correction law 701 and 706).
    Answer Applies to: New York
    Replied: 2/24/2011
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