It depends on the background check. The DWAI infraction does not seal. However it is not a criminal conviction therefore you have no criminal record. If asked whether you have been convicted of a crime, you can legally answer no to that question. The best advice anyone can give you is to be honest about it. The prospective employer may ask for more info about the incident. Admit it and show how you've moved on since then.
It may show up because a conviction to VTL 1192.1 (the traffic infraction) does not seal. However, it is not a criminal conviction.
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) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
This is a very good and common question that I get quite often in that I handle a great many DWI cases in both New York and New Jersey. Since your prior case resulted in a conviction for a traffic infraction and not a crime, if your prospective employer does uncover the conviction it does not seem likely to affect your employment possibilities. However, depending on how extensive the background search is will depend on their ability to see the case. It will also depend on your prospective employers sensitivity to your record.
Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all of your rights.
I am sorry to hear about your situation. Different firms do different types of checks so it is hard to know. If you're worried since you don't know what to say, why not wait to see if they bring it up or ask you a direct question. If so, don't lie and embrace the good that has come from it. They might be more impressed with that than with someone who has not learned anything.
I wish you the best of luck.
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