QUESTION
How do I expunge a DWI conviction from 18 years ago for nursing school?
Asked on Jan 13th, 2012 on Criminal Law - New York
More details to this question:
I was arrested DWI in NY but convicted of dwai 18 years ago. I have never been in any trouble since. I want to go to nursing school for RN license. Can this be expunged and if it is will it still show up on PA police report and FBI fingerprint background search? I believe it will still show up which will still make me have to explain it either way. I am just not sure what I should do with it.
4 ANSWERS
Theodore W. Robinson
It will likely show up on any criminal check and it can be expunged under certain circumstances. You will need to hire an attorney to do the work since it can getcomplex, to make a motion to expunge your record. It is not always granted, but an application should be brought nonetheless to see if it will be granted.
Answered on Jan 27th, 2012 at 2:07 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No expungement: I am sorry to be the one to tell you that there is no expungement in the State of New York.
Answered on Jan 27th, 2012 at 11:21 AM
Criminal Law Attorney serving Syracuse, NY
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Raymond J. Dague, PLLC
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DWI is a crime in New York; DWAI is a violation. Often it will not show up, but if it does is should not affect your ability to get a nursing license. When you fill out an application for school or a job and are asked whether you have been convicted of a crime, the answer is "no," since it is a violation and not a crime. But to directly answer your one question, you cannot get any violation or misdemeanor "expunged" from your record. These things stay on your record for life, but the DWAI should not hurt you.
Answered on Jan 27th, 2012 at 10:55 AM
Expungments for DWI convictions in New York are not permitted. You may be able to get a certificate of relief from civil disabilities. Good Luck
Answered on Jan 27th, 2012 at 10:19 AM