Skip to main content

Can I expunge my DWAI conviction?

White Plains, NY |

I have an old DWAI conviction. Is there any way to expunge it from the records? What are my chances of success?

Attorney Answers 7

Posted

Expungement and sealing of these records are not an option at this time.

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Mark as helpful

9 lawyers agree

Posted

No. NY does not expunge. In any event, Driving While Ability Imparied do not even seal.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Mark as helpful

9 lawyers agree

Posted

The only thing you could do is retain counsel to make a motion to vacate under CPL 440. The motion is made at the trial court and an attorney must make a plenary review of the record and write a detailed legal brief, as well as obtain mitigating facts and circumstances of your life to show grounds in the interest of justice to vacate and dismiss. There is no guarantee of success and it is a very expensive proposition. I wouldn't undertake it for less than $5,000.00 and likely more.

Mark as helpful

1 found this helpful

9 lawyers agree

Posted

This is not a charge that can be expunged at the current time.

Mark as helpful

11 lawyers agree

Posted

You cannot expunge or seal these records. You choice of reopening the case has already been outlined. Note that this is not something anyone can guarantee happening for you.

Another possibility would be a pardon, but I would not expect one. Pardons put a governor's reputation in your hands.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
Thank you.

--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
http://addbalance.com/drunk_driving_lawyer.htm

--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
http://www.facebook.com/MadisonWiDrunkDrivingLa...

--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
http://addbalance.com/fieldsobrietytests.htm

--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
http://addbalance.com/duidrugs.htm

--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
http://addbalance.com/duimath.htm

--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
http://addbalance.com/duitendaywarning.htm

DISCLAIMER:

Confidential information should not be disclosed in this Internet forum.

I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these Internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This Internet site is public forum, where the communications are not confidential or privileged.

If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. Those facts should not be put on a public Internet site.

Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

This AVVO Answer is provided for general educational purposes only. See “more” link below for more.

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

Mark as helpful

5 lawyers agree

Posted

The 440 motion to vacte is an option, however the DWAI issue would still need to be addressed with the DMV. Upon improbable sucess, very likely, a seperate action would need to be undertaken to clear your driving abstract with the DMV. This is a significant undertaking. The reason why you are asking the question would determine the value of such efforts.

I know very little about your case. Please seek the advice of an attorney experienced in this area of law and do not rely on my statements to defend yourself in this matter.

Mark as helpful

5 lawyers agree

6 comments

Michael J Palumbo

Michael J Palumbo

Posted

If the court vacates the underling plea they notify the DMV who then clears the conviction from the DMV abstract I have done this a few times.

John A. Fitzgerald

John A. Fitzgerald

Posted

Thanks. I was thinking if there had been a refusal finding the situation that you describe might not resolve all of the possible DMV issues in light of the new regs. I am in a situation like that now.

Michael J Palumbo

Michael J Palumbo

Posted

The finding of refusal is purely administrative so that would still remain. The conviction of the infraction would be removed.

John A. Fitzgerald

John A. Fitzgerald

Posted

I agree with everything you have written. I am trying to state that upon vacating the conviction, all collateral consequences will not necessarily go away. The new regs speak to both alcohol and drug related convictions and incidents. So I am not certain that this asker's problem would go away with the 440 alone. But again, you are absolutely correct. The conviction can go away.

John A. Fitzgerald

John A. Fitzgerald

Posted

I agree with everything you have written. I am trying to state that upon vacating the conviction, all collateral consequences will not necessarily go away. The new regs speak to both alcohol and drug related convictions and incidents. So I am not certain that this asker's problem would go away with the 440 alone. But again, you are absolutely correct. The conviction can go away.

John A. Fitzgerald

John A. Fitzgerald

Posted

I agree with everything you have written. I am trying to state that upon vacating the conviction, all collateral consequences will not necessarily go away. The new regs speak to both alcohol and drug related convictions and incidents. So I am not certain that this asker's problem would go away with the 440 alone. But again, you are absolutely correct. The conviction can go away.

Posted

There actually is, at least in theory, one thing you could do. You could seek a pardon from the Governor. It actually is a formal process by which you can request a pardon. I have been involved in one such case where my client sought and obtained a pardon for a New York felony conviction (not a DWI or DWAI.) Interestingly, he later applied for a pistol permit in Pennsylvania and was turned down on the grounds that he had a previous felony conviction. We appealed the decision all the way to the highest court in Pennsylvania, arguing that the Full Faith and Credit clause of the U.S. Constitution meant that Pennsylvania had to honor the pardon received in New York. The District Attorney of the local Pennsylvania county opposed, but the high court ruled in our favor. My client go his pistol permit.

Mark as helpful

3 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics