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I was aressted for DWI. After 18+ months in court, case dismissed. Is the arrest still on my record? If Yes, what should I do?

Bronx, NY |

Stopped in Bronx, NY by some rockies. No explanation given - most likely an out of state sports car was the reason. I was aressted and later charged with DWI. Hold in various precints and finaly taken to a police test facility. I refused the blood test due to lack of clear instructions. I took the sobriety test and as shown later on in the video I pass it. changed to DUI.
I was hold in Bronx, NY in various facilities for more than 36 hours until released by a judge. Case asigned to a trainee DA. The first video from the test facility was blank...eventually during the trial the video start working miraculously
Most of the arresting officer and the test officer were dismissied by the video. My rights were read only when in the test facility.

Attorney Answers 3


If the case was dismissed, the record is sealed. I am a former federal and State prosecutor and now handle criminal defense and personal injury cases including civil rights violations. Its not clear from the facts you mentioned but if the police lacked probable cause to arrest you, you may have a civil rights violation case against them. Please feel free to check out my web site and contact me.

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Although a dismissed charge should be removed from your NYS Information Sheet (your rsap sheet), arrest records linger far too often. I suggest contacting a lawyer in your area who can determine whether your NYSIS is clear, and if not, can work to clear ir up.

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The quick answer is yes, your matter is now a nullity under CPL 160.60 and should not be on your criminal history. However, there have been significant errors made on client's rap sheets and I believe it is important that you check with the Office of Court Administrations and review your information which is provided to the public. The fee is $65.00 and the information you will need to order a search can be found at:

Good Luck.

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