Legal Question in DUI Law in New York

Hello,

Roughly two years ago, I was arrested for DWI in New York State. The charges were reduced to a DWAI. Now, I was told that this conviction (DWAI) was NOT as a misdemeanor (as it was a first offense) and that it would not show up on my criminal record, but merely on my driving record.

Now, I've been unemployed for a few months, and throughout my job search, I've gotten little response from any potential employers. I have continued to answer "No" to the question of "Have you ever been convicted of a felony or a misdemeanor", and I'm wondering if I should be answering "Yes" for any reason.

I'm sure it will show up in a background check (I'd imagine they see my driving record), but because it's not a felony or a misdemeanor than I shouldn't have to answer "Yes", correct? Also, by answering "No" despite this only being a (serious) "traffic violation", are there any repercussions, and am I handling it improperly?

Thank you in advance.


Asked on 4/09/11, 10:42 am

1 Answer from Attorneys
Stuart Austin Austin Law Associates, PC

It is not a misdemeanor or felony and therefore is not a crime in NYS. I would call the clerk of the court of conviction, without telling them who is calling (or have a relative) and ask about convictions under your name. This will check if it is sealed from the public.

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Answered on 4/10/11, 5:52 pm


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