If you’ve been convicted of driving while intoxicated (DWI) in New York, you may be wondering whether it’s possible to get that conviction off your record. The short answer is that New York does not allow DWI convictions to be expunged. Expungement, which permanently destroys a criminal record, simply isn’t available under state law.
However, that doesn’t mean you’re out of options. New York allows certain DWI convictions to be sealed, hiding the record from public view even though it technically still exists. Learning about the difference between expungement and sealing, as well as the specific pathways available to you, is important if you want to minimize the long-term impact of a DWI on your life.
What Is the Difference Between Expungement and Record Sealing?
These two terms are often used interchangeably, but they mean different things under New York law.
Expungement permanently erases a criminal conviction from your record. Once expunged, the record no longer exists in any form. New York does not offer this option for DWI convictions. The only way a DWI charge can be fully removed is if the case is dismissed or you are acquitted at trial.
Sealing, on the other hand, makes the record confidential. A sealed conviction still exists, but it is no longer accessible to the general public. It won’t appear on most standard background checks, which means potential employers, landlords, and others conducting routine screenings generally won’t be able to see it.
That said, sealed records can still be accessed by certain parties, such as:
- Law enforcement agencies
- Government agencies processing firearm license applications
- Government agencies carrying out certain duties (like probation and immigration)
- The FBI, in connection with firearms-related background checks
Despite these exceptions, sealing a DWI conviction provides meaningful relief for most people looking to move past a mistake.
How Can I Get My DWI Sealed in New York?
There are currently two main pathways for sealing a DWI conviction in New York.
The Clean Slate Act (CPL 160.57)
New York’s Clean Slate Act took effect on November 16, 2024. This law provides for the automatic sealing of eligible criminal convictions after a required waiting period. For misdemeanor DWI convictions, the waiting period is three years from the date of sentencing or release from incarceration, whichever comes later.
To qualify for automatic sealing under the Clean Slate Act, you must meet the following conditions:
- The required waiting period has passed
- You have no new criminal convictions during that time
- You are not currently on probation or parole
- You have no pending criminal charges
One of the most significant aspects of this law is that you don’t need to file a petition or pay any fees. If you meet the eligibility requirements, the sealing happens automatically. However, because the Unified Court System has until November 2027 to fully implement the process, there may be delays. Monitoring your record or consulting with a criminal defense attorney to confirm that sealing has occurred is a good idea.
CPL 160.59 Petition-Based Sealing
Before the Clean Slate Act, the primary option for sealing a DWI conviction was through CPL 160.59. This route is still available and requires you to file a motion with the court after 10 years have passed since your conviction or the completion of your sentence, whichever is later.
Unlike the Clean Slate Act, this process is not automatic. You must submit a formal petition, and the court has discretion over whether to grant it. Having an experienced criminal defense attorney prepare your petition can significantly improve your chances of success.
Can a DWAI Be Sealed in New York?
Yes. A driving while ability impaired (DWAI) charge under VTL 1192(1) is classified as a traffic infraction rather than a criminal offense. Under the Clean Slate Act, DWAI infractions are eligible for automatic sealing after a three-year waiting period.
Since DWAI is not a criminal conviction, it carries fewer long-term consequences than a DWI. However, having it sealed still provides additional privacy and can help with background checks for employment and housing.
What About Felony DWI Convictions?
Felony DWI convictions are subject to a longer waiting period under the Clean Slate Act. For felonies, the required waiting period is eight years from sentencing or release from incarceration, whichever comes later. The same eligibility conditions apply, including no new convictions and no pending criminal charges during the waiting period.
However, not all felony convictions are eligible for sealing. While many DWI-related felonies should qualify, certain aggravating factors may complicate your eligibility. Consulting with a criminal defense lawyer about your specific situation is the best approach to determine your legal options.
Contact a New York Criminal Defense Attorney at Larkin Ingrassia Andrews Criminal Defense Attorneys for Help With Your Record Today
A DWI conviction can create obstacles in your personal and professional life for years. While New York doesn’t allow expungement, the sealing options available through the Clean Slate Act and CPL 160.59 can provide real relief for people who have moved past their mistakes.
If you have questions about whether your DWI conviction is eligible for sealing, speaking withLarkin Ingrassia Andrews Criminal Defense Attorneys can be a good place to start. Contact our New York criminal defense lawyers today for a free consultation at 845-566-5345 to discuss your situation and learn more about your potential next steps.