DUI Expungement in New York

What is DUI expungement, and is it possible in New York?

DUI expungement is a process in which a person’s DUI conviction can be erased from their criminal record. This is not possible in New York; however, a person may be able to have their DUI conviction sealed, which means that it can no longer be seen by the public, but will still be visible to certain government agencies.

What are the eligibility criteria for DUI expungement in New York?

In order to be eligible for DUI expungement in New York, you must have:

• Been convicted of a misdemeanor DUI or DWI offense
• Successfully completed all court-ordered conditions or punishment related to the offense (including probation, fines, jail time, etc.)
• Been at least five years since the completion of all court-ordered conditions or punishment related to the offense
• Not been convicted of any other crimes since the completion of all court-ordered conditions or punishments related to the offense
• Not been charged with any other crimes since the completion of all court-ordered conditions or punishments related to the offense.

Is there a waiting period before someone can apply for DUI expungement in New York?

Yes, there is a waiting period before someone can apply for DUI expungement in New York. In order to be eligible for DUI expungement in New York, an individual must wait five years from the date of conviction (or release from incarceration, if applicable) before they can apply.

What types of DUI convictions may be eligible for expungement in New York?

In New York, convictions for misdemeanor and felony driving while intoxicated (DWI) offenses are eligible for expungement. This includes aggravated DWI convictions, which are classified as felonies.

Are there specific conditions or rehabilitation programs required for expungement eligibility in New York?

Yes, there are specific conditions and rehabilitation programs required for expungement eligibility in New York. The exact requirements vary depending on the type of crime committed and the jurisdiction in which the conviction occurred. Generally speaking, an individual must have stayed out of trouble for a specified number of years (generally at least five, but sometimes up to 10) and must have demonstrated rehabilitation since the conviction. This may include completing a substance abuse program, a mental health counseling program, or other evidence of rehabilitation.

How does someone initiate the DUI expungement process in New York?

In order to initiate the DUI expungement process in New York, you must first obtain a copy of your criminal record from the New York State Division of Criminal Justice Services (DCJS). Once this document is in hand, you must then submit an application to the court in the county where you were arrested for the DUI offense. This application should include an affidavit of eligibility and any other applicable documents, such as proof of completion of any court-ordered programs or treatment. After the court reviews the application, a hearing may be scheduled at which time the court will consider all relevant evidence and make a decision on whether to grant or deny the expungement.

What documentation or evidence is needed when applying for expungement in New York?

When applying for expungement in New York, the applicant must provide documentation that proves their identity, the record that is being requested to be expunged and the reason why the record should be expunged. This can include court documents, police records, and/or other documents pertaining to the criminal charge in question. The applicant must also provide a Certificate of Disposition from the court where the case was heard or a copy of the arrest warrant, as well as an affidavit that states why the record should be expunged.

Are there fees associated with filing for DUI expungement in New York?

Yes, there are fees associated with filing for DUI expungement in New York. According to the New York State Unified Court System, the cost for filing an expungement petition in a New York court is $50.00.

Can individuals with multiple DUI convictions apply for expungement in New York?

No, individuals with multiple DUI convictions cannot apply for expungement in New York. The state’s expungement laws do not allow for convictions to be expunged, regardless of how many times an individual may have been convicted.

Does expungement result in the complete removal of the DUI record, or is it sealed in New York?

In New York, expungement does not completely remove a DUI record. Instead, it is sealed so that it cannot be accessed by the public.

How do employers, landlords, and background check companies view expunged DUI records in New York?

In New York, expunged DUI records are not available to employers, landlords, or background check companies. This means that, in most cases, employers, landlords, and background check companies will not be able to access or view expunged DUI records. However, employers may be able to access DUI arrests if they are conducting a criminal background check.

Is there a difference between expungement and setting aside a DUI conviction in New York?

Yes, expungement and setting aside a DUI conviction in New York are two different processes. Expungement is not available for DUI convictions in New York, as they are considered criminal convictions. Setting aside a DUI conviction in New York involves filing a motion with the court that sentenced you, asking the court to rescind or withdraw the conviction. If the court grants your motion, the DUI conviction will be removed from your record and your criminal record will no longer reflect the conviction.

Can expunged DUI records be used against an individual in future DUI cases in New York?

No. Once a DUI is expunged, it is no longer part of the individual’s criminal record and cannot be used against them in any future DUI cases.

Do expunged DUI records affect professional licensing or certifications in New York?

Expunged DUI records do not typically affect professional licensing or certifications in New York State. However, the licensing agency may require the individual to disclose the expunged DUI record. It is important to note that certain agencies may have different policies regarding expunged DUI records and it is important to check with the specific agency for more information.

Are there any restrictions on firearm ownership after DUI expungement in New York?

Yes, there are restrictions on firearm ownership after DUI expungement in New York. Under state law, individuals with expunged DUI convictions must still wait the full five years before they may possess a firearm. This is in addition to the waiting period that applies to all first-time gun buyers in New York. Additionally, the expunged record will still be visible to law enforcement officials, and could influence their decision when determining whether or not to grant a firearms license.

Is there a waiting period for expungement to take effect after approval in New York?

Yes, there is a waiting period of 120 days after a court’s approval of an expungement in New York.

What role does the court or prosecutor play in the DUI expungement process in New York?

The court and prosecutor play a key role in the DUI expungement process in New York. The court will review the petition to determine if there is sufficient evidence to grant the expungement and then make a ruling on the petition. The prosecutor can also oppose the expungement if they believe that it is not the best course of action to take. Ultimately, it is up to the court to decide whether or not to grant the expungement.

Are there resources or organizations that provide guidance on DUI expungement in New York?

Yes, there are resources and organizations that provide guidance on DUI expungement in New York. The Legal Action Center is a non-profit organization that provides free information and assistance on expungement and other legal matters related to alcohol and drug use. The New York State Division of Criminal Justice Services (DCJS) also offers information and assistance on DUI expungement. Additionally, the New York State Bar Association offers information on the process for expunging a criminal record.

What is the timeline for completing the DUI expungement process in New York?

The general timeline for completing a DUI expungement process in New York is as follows:

1. File a Motion for Expungement: You must file a motion for expungement with the court in which your conviction was entered.

2. Attend a Court Hearing: You and your attorney will attend a court hearing in front of a judge to argue why your conviction should be expunged.

3. Court Decision: The judge will issue a decision as to whether or not to grant your motion for expungement.

4. File the Final Order: Once the judge has granted your motion, you must file the final order of expungement with the clerk of court in order for the process to be completed.

How does DUI expungement impact immigration status, if applicable in New York?

In New York, a DUI conviction can have a negative effect on an individual’s immigration status. Generally, a DUI will be considered a crime involving moral turpitude (CIMT), and convictions for CIMTs are grounds for deportation. Additionally, a DUI conviction could also make an individual inadmissible to travel to the United States.

In some cases, it may be possible for a person with a DUI conviction to have the record sealed or expunged. This process is not automatic, and each case is evaluated on an individual basis. If the record is successfully expunged or sealed, it may not be considered a CIMT and may not have an adverse affect on the individual’s immigration status. However, it is important to note that even if the record is sealed or expunged, it may still be considered when adjudicating immigration applications or appeals.