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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36178
Experience:  16 years practicing criminal defense.
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I was convicted of a traffic violation 1192.1 in new york 10

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I was convicted of a traffic violation 1192.1 in new york 10 years ago, its no longer on my drivers abstract, but my finger prints were taken. Im applying for a federal job and want to have my arrest record expunged, is this possible? Do I need to hire a lawyer or can I go it myself by just appealing to the court?

Hello,

 

New York State Criminal Procedure Law §160.55 provides for the return of fingerprints, photographs and sealing of a defendant's conviction of a violation of the penal code or a traffic infraction.

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However, driving while "impaired" by alcohol in violation of Vehicle and Traffic Law § 1192(1) is considered a violation, but for special reasons, such violation convictions cannot be sealed.

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So no this can't be expunged under NY law.

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thanks

Lawpro

 

 

Customer: replied 6 years ago.
So do you mean it will always be a matter of public record, and theres nothing I can do about it? Am I right in thinking it a traffic violation and not a criminal violation.

Yes, it will stay on your record indefinitely.

 

And yes, it is a traffic infraction, not a criminal violation so you can honestly answer that you have not been convicted of any misdemeanor or felony if that is the only thing on your record.

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thanks

Lawpro

 

 

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