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Can I get felony DWI convictions expunged from over 20 years ago in New York State?

Garden City, NY |

Having problem clearing a background check for employment. Can't find a position because of the dwi convictions on my record from 20 years ago. Got 2 dwi just within 5 years which made them a felony. Is there anything I can do at this point to get them removed from my record?

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Attorney answers 5


There is no mechanism in New York to expunge a criminal conviction. The only option would be to make a motion to re-open the case if grounds exist. That might well be an uphill battle. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


No. Unlike states such as California which have expungement possibilities and procedures, the Empire State will never forget one's transgressions and wants everyone to know.

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.


Unfortunately, it is not possible in NY at this time.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

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.


New York does not expunge.

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 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.


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