A drunken, impulsive decision to drive after a few alcoholic beverages can result in a driving while intoxicated (DWI) conviction. This conviction can have a significant impact on your life, including fines, fees, driver’s license revocation, and even jail time. Perhaps worse than those are the collateral consequences on your life, such as becoming ineligible for certain jobs, public housing, public office, and other rights. While you may not be able to go back in time and undo the decision you made, you may be able to limit the impact the DWI conviction has on your life going forward by sealing or expunging the record. If you need to know how to expunge a DWI in New York, an experienced DWI attorney with the Law Office of Benjamin Greenwald may be able to review your case and explore your legal options with you. Call (845) 567-4820 to schedule your appointment and explore your legal rights.
Can You Get a DWI Expunged in New York?
When looking into how to expunge a DWI, many people are disappointed to learn that New York does not allow the expungement of DWIs. However, the state does allow other options to limit the impact that a DWI conviction may have on an individual’s life. Which option an individual might opt to use will depend on how long it has been since their conviction.
Ten years after their conviction, an individual may apply to have the record sealed. Prior to that, the individual may be eligible to request a Certificate of Relief from Disabilities (CRD) or a Certificate of Good Conduct (CGC).
What Is the Difference Between Sealing the Record and Getting One of the Certificates?
When researching how to expunge a DWI, it is very similar to sealing the record. Sealing the record and getting a CRD or CGC are different things, however. Understanding the difference is important to ensure that individuals know what they will be getting when they request their record be sealed or that they be issued a CRD or CGC.
Sealed Record
If the record is sealed, this is similar to expunging it. An expunged record removes it from the public view and makes it inaccessible, while a sealed record is confidential but still accessible to certain agencies. A sealed record still exists but cannot be accessed by the general public and will not show up on a criminal records search, according to the New York State Attorney General. Sealed records can still be seen by anyone the individual gives explicit permission to see it, employers if the individual is applying for a law enforcement job, government agencies when applying for a firearm license, the Federal Bureau of Investigations (FBI) when performing a background check as part of a firearm purchase, and any government agencies that handle immigration or probation-related court duties.
While how to expunge a DWI may turn up disappointing results when exploring options for cleaning up a previous criminal history, sealing the record is as close as possible to expunging a DWI in New York. While the record may still be accessible in certain limited circumstances, it is generally inaccessible for the purposes that most people are seeking to expunge the record for. This includes applying for most jobs, seeking housing, and many other rights that might be affected by a DWI conviction.
Certificate of Relief from Disabilities
A Certificate of Relief from Disabilities removes some of the barriers to seeking employment, public housing, licensing, and more, per the New York State Unified Court System. The impact that a conviction has on an individual’s life in regards to employment, housing, immigration, and other areas is called collateral consequences, and is the additional “punishment” that convicted individuals often face beyond the DWI offense consequences they receive from the court. These collateral consequences can make life extremely difficult for individuals who have been convicted of a DWI.
A CRD gives the convicted individual the ability to apply for jobs, public housing, licensing, and other rights despite the conviction, even if the conviction otherwise disqualifies them from doing so. In other words, it allows them to apply as if they were not convicted. However, it is important to note that the individual still must say that they have been convicted. Additionally, a CRD only removes the barriers and gives the individual the ability to apply; it does not guarantee that the application will be granted.
Certificate of Good Conduct
A Certificate of Good Conduct provides a legal finding that the individual is reformed after a previous conviction, according to the New York State Unified Court System. This certificate also removes some of the collateral consequences of a criminal conviction. A CGC allows the individual to apply for certain jobs, licenses, housing, public office, and other rights that were lost when the individual was convicted. Like a CRD, the individual must still admit to the conviction and a CGC does not guarantee that the application will be granted.
Eligibility Requirements
When researching how to expunge a DWI, there are often strict eligibility requirements. While expunging a DWI is not an option in New York, sealing the record or getting a CRD or CGC are alternatives that may provide the individual with the desired effect they were hoping an expungement would provide. However, sealing the record or getting a CRD or CGC also have eligibility requirements that must be met.
Sealed Record Eligibility
To be eligible to seal a record, it must be at least 10 years since the individual was last sentenced or incarcerated for their most recent conviction, whichever is later. If the individual was released on probation or parole, they do not have to include that time in the 10 year calculation. The individual must also have no more than two criminal convictions in their lifetime, and no more than one of those convictions can be a felony. The individual is ineligible if they are required to register as a sex offender, have an open criminal case, the conviction is for a federal or out-of-state offense, or they are applying to seal an ineligible offense.
Eligibility for CRD
Individuals are eligible for a CRD with any number of misdemeanors or violations, but no more than one felony conviction. The individual cannot be incarcerated when applying for a CRD. They will also need to apply for a separate CRD for each conviction.
Eligibility for CGC
Individuals are eligible for a CGC if they have been convicted of two or more separate felonies or want to seek public office employment. If they are seeking public office employment, the individual must have a CGC regardless of how many felonies they have. However, one CGC will cover all of the individual’s convictions.
When and How to Apply
Each of these alternatives to how to expunge a DWI has a different method of applying. Knowing when, where and how to apply is important, as applying too soon or to the wrong agency may delay the request or result in a denial. If you would like assistance is applying to have your record sealed or to get a CRD or CGC, an experienced attorney with the Law Office of Benjamin Greenwald may be able to assist you with confirming your eligibility and taking the correct steps to apply.
Applying to Seal a Record
If an individual wishes to apply to seal their DWI conviction, they must first wait until 10 years have passed since the conviction. The New York Unified Court System provides a thorough checklist with all the eligibility requirements, documents, and information required to apply to have a record sealed. The first step will be to get a Certificate of Disposition, if the individual does not already have one. Then they will complete and notarize an application, make copies and serve the prosecutor. Once they have proof of service, they can file the application and retain proof of filing, then wait for the hearing or decision. The final step, if the application is approved, allows the individual to confirm that their record has been sealed. This step can be important because even though the record is sealed and inaccessible to the general public, it will still appear on any criminal record the individual requests on themselves.
Applying for a CRD
When applying for a CRD, the individual can apply at sentencing, after sentencing unless they are in a state prison, or after their release from a state prison. At sentencing, the individual will request the CRD from the judge. This is a critical step if the individual is in jeopardy of losing an employment license or their housing as a result of their conviction.
If the individual is applying after sentencing without spending time in state prison, they will fill out an application available from the New York Court System and submit it to the court that sentenced them. Different courts use different procedures, so the individual will need to contact the court that sentenced them to find out the specific requirements for submitting the application. If the individual is applying after they have been released from prison, they will apply with the Department of Corrections and Community Supervision. The application for a CRD is the first application. Depending on the circumstances, the CRD issued may be temporary or permanent. If the individual was convicted in another state and now lives in New York, they may also be eligible for a CRD.
Applying for a CGC
An individual may apply for a CGC five years for a Class A or B felony, three years after Class C, D, or E felonies, or one year after a misdemeanor. The years are counted from either the last time the individual was released from prison or the date they were last convicted if there was no prison sentence. Individuals must apply to the Department of Corrections and Community Supervision. This certificate may also be granted to individuals convicted in another state who now reside in New York.
Does Getting a CRD or CGC Prevent Sealing the Conviction Later?
Because individuals must wait 10 years to seal a conviction, many consider applying for a Certificate of Relief from Disabilities or a Certificate of Good Standing first. However, they may be concerned that if they apply for a CRD or CGC, it will prevent them from sealing the conviction when they do reach the 10-year mark. Fortunately, New York State allows individuals to both be granted a CRD or CGC and also have their record sealed. This allows individuals to get a certificate that will make their life easier while they wait for the appropriate amount of time to pass to be able to request the conviction be sealed.
Will Sealing the Record Stop Insurance Companies From Seeing It?
Sealing a conviction makes it inaccessible to the general public. For these purposes, an insurance company would be considered part of the general public, so sealing the record would mean that insurance companies can no longer see the DWI conviction. However, it is important to note that any insurance company with whom the individual had a policy during the 10 years the record cannot be sealed, or any insurance company the individual requested a quote from, would already be aware of the conviction as a result of checking the individual’s driving record to provide the quote or determine premiums for existing policies.
Additionally, insurance companies may still see the DWI conviction if they request the information directly from the court. However, in New York, a DWI affects insurance for up to 10 years. In many cases, insurers only look at the past three to five years of an individual’s driving record to calculate their premiums, though they may look further for major violations like a DWI. Since the DWI can only affect insurance for up to 10 years, if the individual is seeking to seal the record purely for the purposes of preventing insurance companies from knowing about it, it may not be worth the effort or expense. There are many other reasons that the individual may still wish to seal their record, though.
How Can a New York DWI Attorney Assist You With a Conviction
Exploring how to expunge a DWI shows you that expungement is not an option in New York. The state does offer other alternatives that offer similar benefits to an expungement, including sealing the record. While the process of sealing a record or applying for a CRD or CGC is not extremely complicated, it can be easier with the assistance of an experienced attorney. An attorney can assist you with determining which option will suit your current needs, confirming eligibility, and determining when, where, and how to apply for your chosen alternative. They can also answer questions regarding eligibility for out-of-state convictions or other questions. You can speak with a knowledgeable DWI attorney at the Law Office of Benjamin Greenwald by calling (845) 567-4820 to schedule your consultation. Allow us to review your case and explore your legal options.
