Legal Question in DUI Law in New York

DWAI on Background Check?

I was arrested for DWI in April of 1986 and pled guilty to DWAI. Attended awareness class, etc. Is this considered a criminal charge? Is it still on my record after 19 1/2 years? How should I answer the following pre-employment question:

''Have you ever been convicted of a criminal offense, pleaded no contest to charges or agreed to enter in a pre-trial diversion or similar program in lieu of a criminal prosecution for any crime other than a minor traffic violation? Have you accepted a disposition of adjudication withheld on any criminal charge?''


Asked on 9/19/05, 9:39 am

2 Answers from Attorneys

Robert Evans Robert S. Evans esq.

Re: DWAI on Background Check?

A plea of guilty is the equivalent of a conviction, you must answer honestly that you have a dwai conviction. You should thereafter explain the circumstances and your rehabilitation. You should also explain it occurred 19 years ago and that you have learned from the experience. Good luck.

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Answered on 9/19/05, 9:52 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: DWAI on Background Check?

Unfortunately, it is a public record and will turn up on any investigation.

However, there are things you can do to improve this situation. Certificate of relief or sealing of the record are both possible.

You are welcome to a consultation for no fee.

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Answered on 9/19/05, 12:27 pm


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