If you have received a DWI in New York City, it is generally not expunged from your record regardless of how long ago it happened. However, in certain circumstances, it may be sealed from public record. You may also be able to apply for a Certificate of Relief of Civil Disabilities (CRD) to increase your odds of getting a job after your conviction.
What Recourse Do You Have If Your Case Is Dismissed?
It is possible that you won’t be convicted of a DWI or plea to a lesser offense. If you plea to a lesser offense, that is the charge that is likely to show up on a background check. However, if you are charged with or convicted of a crime based on evidence collected illegally, you may move to have the charge or conviction vacated. In the event that a charge is vacated, it will generally not show up on a background check or remain on any records that authorities could access.
Can You Get the Case Against You Sealed?
In some cases, you may be able to get the details of the case against you sealed from public record. This may prevent an employer or a college to see why you were charged with a crime. Unfortunately, the fact that you were charged will still show up on any check of your public record. In most cases, you will be given a chance to explain the details of the case if you feel like they help your cause.
How Does a Certificate of Relief of Civil Disabilities Help You?
After you are convicted of a DUI, there are certain jobs that you may be disqualified from performing and public services that you may be ineligible to receive. For instance, you may not be allowed to work as a commercial truck driver or apply for public housing benefits.
With this certificate, it is almost like you were never convicted in the first place. However, you will still be required to disclose the fact that you were convicted of a crime, and an employer of government agency could still turn down your application for a job or for benefits.
Individuals must get a CRD for each crime that they have been convicted of, and you can’t apply for one if you have more than one felony conviction. You can apply for the CRD at sentencing or at any time after you have finished your sentence.
The Effect of a DWI Conviction Will Likely Fade in Time
In New York, past convictions for DWI are generally not used against you if they occurred five years or more in the past. After 10 years, most prosecutors won’t consider them a part of your record as it relates to seeking a felony conviction for multiple DWI offenses.
Most employers won’t hold your DWI against you assuming that they can hire you. Generally, an employer wants to know that you are capable of getting to work on time, have your own transportation if necessary and do not have a drinking problem. If you meet these criteria, you should have little to no problem finding work.
A conviction on a DWI charge can lead to many significant penalties. In many cases, you will not be able to hide or otherwise obscure the fact that you have such a conviction on your record from an employer or other interested party. Therefore, it may be a good idea to talk with an attorney who may be able to help you avoid a conviction in the first place. Even if you plead to a lesser offense, it may help you avoid some or all of the penalties that come with an impaired driving conviction.
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