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A DWI conviction can follow you for years, impacting your reputation, career opportunities, and even your ability to secure housing. If you’ve been convicted of driving while intoxicated in New York, you may be wondering whether it’s possible to have that conviction erased from your record. At Michael A. Arbeit, P.C., we understand how important a clean record can be for your future and are here to help you navigate your options under New York law.
Understanding DWI Convictions in New York
In New York, a DWI (Driving While Intoxicated) is a serious offense that stays on your criminal record indefinitely unless specific legal remedies apply. This includes convictions for:
- Driving While Intoxicated (Alcohol or Drugs)
- Driving While Ability Impaired (DWAI): Though technically a traffic infraction, it can still impact your record and driving privileges
- Aggravated DWI: involving a BAC of 0.18% or higher or additional aggravating factors
Unlike some states that offer broad expungement opportunities, New York has very limited provisions for clearing a criminal record.
Can a DWI Be Expunged in New York?
In most cases, a DWI conviction cannot be expunged in New York. The state does not offer a general expungement process for criminal convictions. Once you have been convicted of a DWI, it remains on both your criminal and driving record permanently.
However, there are a few situations in which relief may be possible:
- Case Dismissals or Acquittals: If your DWI charge was dismissed or you were found not guilty, you may be eligible to have the record sealed.
- Certain Sealing Provisions: Under CPL § 160.59, you may be able to seal certain criminal convictions (including some DWIs) if you have no more than two total convictions, at least 10 years have passed since sentencing or release, and you meet other requirements. Not all DWIs qualify, especially aggravated offenses.
- Errors in Records: If there is inaccurate information on your record, your attorney can petition for corrections.
The Lasting Impact of a DWI Conviction
Even though most DWI convictions cannot be expunged in New York, it’s important to understand the full scope of how a conviction can affect your life:
- Employment Opportunities: Many employers conduct background checks, and a DWI conviction can be a red flag for certain positions, particularly those involving driving or high levels of trust.
- Professional Licensing: Professions such as law, medicine, nursing, and finance often require disclosure of criminal convictions and may impose sanctions or deny licenses based on a DWI.
- Higher Insurance Costs: Auto insurance rates can significantly increase, and some insurers may even refuse coverage.
- Housing Applications: Landlords may view a criminal conviction as a reason to deny rental applications.
- Travel Restrictions: Some countries, such as Canada, have strict entry restrictions for individuals with a DWI conviction.
How to Minimize the Effects of a DWI Conviction
While expungement is rarely an option, there are strategies you can pursue to limit the damage a DWI conviction causes:
- Seek Sealing When Eligible: If your conviction qualifies under New York’s sealing law, this can prevent most employers and the public from seeing your record.
- Complete All Court Requirements: Satisfying fines, community service, and treatment programs promptly can help you move forward and show responsibility.
- Maintain a Clean Record: Avoiding further legal trouble over time may help improve your chances for future sealing or leniency in professional settings.
- Work with a Skilled Attorney: An experienced DWI attorney can review your specific situation and determine whether sealing, expunging, or obtaining other relief is possible.
Why Legal Guidance Matters
Because New York’s laws on record sealing are complex and eligibility requirements are strict, trying to handle the process on your own can lead to missed opportunities or delays. An attorney familiar with New York criminal defense and DMV procedures can help you evaluate whether sealing is possible and develop a strategy to protect your reputation.
Protect Your Future With Michael A. Arbeit, P.C.
If you’re living with the effects of a DWI conviction in New York, you deserve to know your legal options and take steps to move forward. At Michael A. Arbeit, P.C., we have extensive experience guiding clients through the complexities of New York’s criminal record laws and helping them limit the impact of past mistakes. Whether you qualify for record sealing, need help addressing errors, or want to explore all available options, we’re here to fight for your future.
Contact Michael A. Arbeit, P.C., today to schedule a confidential consultation and learn how we can help you navigate life after a DWI conviction.