People do not usually intend to drive while intoxicated. However, it is not uncommon for parties to underestimate their intoxication level.
If you or a loved one have a DWI on your record, it can have lasting effects on your future. In the state of New York, there are only a few options available for removing this particular infraction.
Expungement or seal
In New York, expungements for DWI are not allowed under most circumstances. The only times parties may qualify for expungement is when the judge dismisses the case or acquits the party. Similarly, sealing a DWI record is not usually allowed. While the Second Chance for Ex-Offenders Act does allow the court to seal records of certain misdemeanor offenses, it excludes felony charges and both felony and misdemeanor DWI charges.
Vacating
Limits exist for the option of vacating a DWI charge, mainly to parties experienced an infringement on their constitutional rights at some point through the process. To obtain vacating, parties must make a motion to vacate in the same court in which they receive the initial judgment.
Certifications
There are two types of certifications that parties may receive, as outlined in New York’s correction laws 702 and 703. A Certificate of Relief from Civil Disabilities removes restrictions of the law that would normally prevent a party from gaining certain types of employment. For those who may desire to show employers or other parties their rehabilitation from previous criminal infractions, a Certificate of Good Conduct may be helpful. While these certificates do not remove the DWI infraction from the party’s record, it appears on the record in conjunction with the charge.
Though it may not be possible to remove DWI records in all instances, qualifying parties may find it beneficial. Consider speaking with a knowledgeable professional to determine the best course of action.