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I was arrested for a dwi and convicted of a dwai traffic infraction.

Bronx, NY |

The question I have is on my job application I was ask was I convicted of a crime, I stated no. why because the dwai traffic infraction is not a crime but a violation of law. The question I'm asking I recently started working for the job a (Federal Job) which ask me was I convicted of a crime and I stated no, but now they said my fingerprints came up saying I was arrested for a crime, but on the report it has no other record of the case, just wanted to know if I answer the question correctly on the application and did I make a mistake by not telling them I was convicted of the traffic violation because they never ask on the application of any traffic violation realted offences. I have my disposition that I have to show them that I wasn't convicted of a crime but a traffic violation.

Attorney Answers 4


  1. Crimes are considered any offenses that have the possibility of jail time (even though no jail time may ever be imposed). A lot of traffic violations are classifed as some sort of misdmeanor offense, which carries the possibility of jail. You will have to determine if your traffic offense falls into this category. If it does then you need to answer yes when these type of questions are asked on applications.


  2. A DWAI Alcohol conviction is not a crime in NYS, a violation like many other traffic infractions. While the arrest may have come up, apparently the disposition as a violation did not. If the application asked you about a conviction, then you answered correctly. If you must prove you were only convicted of the violation, obtain a conviction of disposition from the local court in which you were convicted. There is a small fee for the certificate.

    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.


  3. You were arrested for the misdemeanor of DWI. So you answer to a question asking "Were you ever arrested for a crime?" would be "Yes."

    You pled to DWAI, a traffic infraction, so if you are asked if you ever PLED to a crime or fi you have a criminal record, your answer is "No."


  4. You were not convicted of a crime. Dwai does not seal so it will always show up on a background check.

    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.

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