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Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10686
Experience:  Over 10 years of criminal defense practice.
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I was charged with a DWI in NY state last year resulting in

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I was charged with a DWI in NY state last year resulting in a conditional discharge. This was my 1st criminal offense. I had never even had a traffic violation in my 31 years of life. I made a poor judgement mistake that I'm afraid is going to haunt me for life. I was in the middle of relocating out of state during this process and my then lawyer advised me to get a new DL for the state I was relocating to as well as register my vehicle in that state prior to conviction. So when NY revoked my NY DLs I still had valid DL in another state. The conditional discharge is over in 3 months. I reside in DE. Can I have this expunged from my record?
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

A conditional discharge is a type of sentencing in New York. It is the same as a conviction. Unfortunately, New York is one of the strictest expungement states in the country. A conditional discharge is not able to be expunged at this time. Regardless of your previous clean record, this will remain on your record unless the New York legislature changes the rules in the future.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Customer: replied 3 years ago.

Since I no longer reside in NY and I do not have NY DL is this on my record with DMV in other states? I live in DE. Also, by law do I have to disclose this as a criminal conviction on employment applications?

Each state has its own rules regarding how long a DUI remains on a driving record. New York will report the DUI to Delaware where it will remain for five years

It does count as a conviction and will show up as such in a background check, so it will have to be disclosed on employment applications.

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