Legal Question in DUI Law in New York

dwi class e felony

I was convicted of a class e felony dwi 4 years ago.It is my first felony and was wondering can i have this taken off my record or reduced to a misdemeaner.


Asked on 3/22/07, 8:50 am

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: dwi class e felony

In order to take a felony off, you would have to attack the conviction through a CPL 440 motion. If you were guilty and without a defense, chances are that it won't work.

There is no expungement statute in NY at the present time. If you want one (a statute) you should begin to petition your State Assemblyman and State Senator.

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Answered on 3/28/07, 8:34 pm


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