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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  7+ years defending Misdemeanor and Felony cases.
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I had a DWI conviction in 2005 in New York City. Is there any

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I had a DWI conviction in 2005 in New York City. Is there any way I can prevent the FBI from getting this information? (I have recently been denied citizenship in a foreign country due to this conviction appearing on my FBI rap sheet)
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Who told you after the conviction that there would be no record of it after one year? Did you enter any type of diversion program with the court?
Customer: replied 1 year ago.


I think it was my lawyer who mentioned it. No, I didn't enter anything. All I received was a relief from disabilities. Can I have the conviction sealed so the FBI can't access it?

Expert:  CrimDefense replied 1 year ago.
Anthony, thank you for the additional information. The FBI and other government agencies always have access to a persons criminal records and history. There is no way to prevent them from seeing it. A sealing or expungement simply prevents the general public from seeing it but if you were convicted, it is not possible to expunge or seal this, so that they can not view it. Moreover, I have provided a link below, that explains in detail the relief from disabilities which you received and how it applied. I know this is not the answer you were hoping to hear, since it involves the denial of your citizenship but the FBI will always be able to access your records.

http://dpca.state.ny.us/pdfs/certificatesofrelieffromforfeituresanddisabilitiesqanda.pdf

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Customer: replied 1 year ago.


Finally, then, is there any period of time after which my FBI rap sheet will be clear? (DWI conviction, 2005, New York City)


Thank you for your help.

Expert:  CrimDefense replied 1 year ago.
There is no period of time when this will not been seen. However, there may be a "look back" period that you can inquire about, from the country that denied your citizenship, where they will no longer give as much weight to the conviction and it will not be a problem. In a country like Canada a person can get a certificate of rehabilitation, so you should see if that is an option as well.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16237
Experience: 7+ years defending Misdemeanor and Felony cases.
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