Skip to main content

HOW LONG DOES DWI STAY ON RECORD IN NEW YORK

Brooklyn, NY |

I GOT DWI IN 2009. I WAS 23. NOW I HAVE A LOT OF PROBLEMS GETTING A JOB.IS THERE ARE ANY SOLUTIONS?

Attorney Answers 6

Posted

It stays on your computer record as long as there will be a DMV data base. As you get older and stay arrest free, it will be easier to argue that it was a youthful error, and not a potential pattern to employers. Legally, there's nothing that seems helpful.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Mark as helpful

12 lawyers agree

Posted

It stays on your record forever. You can seek a certficate of relief of civil disability so that it should not impact your employment situation. Contact a criminal defense lawyer to assist you.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Mark as helpful

8 lawyers agree

Posted

Forever. It does not seal.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Mark as helpful

10 lawyers agree

Posted

As a criminal conviction it stays forever. There is no legal device to expunge a conviction in New York State. Your question suggests this is your main concern. Realize that DWI is the most commonly charged crime in New York State. Convince potential employers it was a one-time youthful mistake that you have learned from and have moved on from.

For purposes of automobile insurance, it places you in a "high risk pool" for an indeterminate amount of time, though usually 39 months.

On your DMV record, it elevates a subsequent charge to a felony (if it is a misdemeanor) for 10 years. The 10 years begins running on the sentencing date and runs to the date of arrest on any subsequent arrest, that is, if that arrest is within 10 years, it will be an elevated charge.

Mark as helpful

6 lawyers agree

Posted

It stays on your record forever.

Mark as helpful

10 lawyers agree

Posted

Yes there are solutions. You can retain counsel to make a CPL 440 application to the trial court or a pardon application to the Governor. But, this would be very costly.

Mark as helpful

3 lawyers agree

DUI 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