Lake Hiawatha, NJ asked in Criminal Law, DUI / DWI, Traffic Tickets and Gov & Administrative Law for New York

Q: How did a 2002 DWI conviction drop off my NYS DMV Abstract after 10 years & now reappear on my latest abstract 1wk ago?

Since I posted, I received a call back from the records department at DMV who informed me that Governor Cuomo had put into law that all DWI information originally slated to fall off your abstract after 10 years has now been changed to 15 years. She told me that the computer actually went back in and retroactively re-instated all of the information for people who have had DWIs on record for the last 15 years. I told her that I found it hard to believe that NYS could impose this retroactive after having previously removed the information. If this is in fact true can you imagine the amount of people that have not ordered their abstract in years finding out that without their knowledge these were added back on. I am amazed that this is not a highly discussed subject on social media since I could find no information regarding it.

DWI.... the gift that keeps on giving.

1 Lawyer Answer
Aubrey Claudius Galloway
Aubrey Claudius Galloway
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: This was most likely an oversight as it should be on permanently. THAT SAID, after 10 years, you may petition a Court of competent jurisdiction to expunge and seal the conviction. This is often difficult, but considering it was (hopefully) a non-violent crime, certainly doable.

A few questions and I can provide you with further answers:

1. What was your BAC? (This is important b/c .04 to .08 in NY is a DWAI (Driving While Ability Impaired), which is only a violation. Whereas .08 to .15 is considered a DWI (Driving While Intoxicated), which is generally a misdemeanor considering how many of these you have gotten ...see below. Finally, above .16 is an aggravated DWI and, under many circumstances can, but not always, be prosecuted as a felony.)

2. What were the circumstances, and did you crash your vehicle, flee the scene or hurt anyone?

3. How many, if any, times since the DWAI/DWI/ADWI have you been arrested?

With those questions answered I can better assess your chances of having the conviction sealed. ---- The bottom line is, however, that what you described as happening was simply an oversight and the conviction should be on the DMV abstract unless expunged.

hope this helps and happy new year

Aubrey C. Galloway III, Esq.

1 user found this answer helpful

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