Sealing rather than erasing
New York generally does not expunge adult convictions. Instead, it seals some records, which limits who can see them while leaving them in existence. A dismissal or an acquittal generally leads to sealing without any application. For convictions, there is an application process covering a limited number of convictions after a waiting period, and a newer law provides automatic sealing for many convictions once enough time has passed without a new one, though the sealing is carried out by state agencies on their own timetable, so it is worth confirming whether a particular record has actually been sealed. Each route has its own exclusions and conditions, and a DWI conviction is not treated the same as a dismissal. Some agencies and employers in sensitive fields can still see sealed records.
The driving record is separate
Sealing a criminal record does not clean a driving record. The DMV keeps its own history of alcohol-related convictions and incidents and uses it when deciding license matters, and it can look back much further than a background check does. A reduction to a non-criminal driving infraction does not necessarily remove the entry from the driving abstract. Insurers and employers who hire drivers often check the abstract directly. Records from other states follow their own rules, and some states offer true expungement for certain impaired-driving cases while many exclude them.
Figuring out what is possible
Bring a copy of your criminal history report, your driving abstract, and the court papers showing how each case ended. In a first consultation we work out which records are already sealed, which could be, and which will stay visible regardless. We also explain how to answer application questions about your past, since the correct answer depends on the exact wording and on whether a record has been sealed. For non-citizens, sealing does not remove a conviction for immigration purposes, so that question needs its own review. The same caution applies to some professional licensing applications, which may ask about sealed matters in their own way.
