I am applying for a job, wondering if my DWIA from 2 years ago will show up on a background check and if I should list it my application.
Question Details: The application lists the following questions: *Have you ever been convicted of a crime (felony, misdemeanor or violation), including military conviction, other than a minor traffic violation? A conviction includes a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court. This includes any convictions for driving while intoxicated and/or driving under the influence. If it will show up on a background check, is it possible to have my record expunged, and if so, how do I accomplish this and how long will it take?
DUI / DWI Law Answers
If the prospective employer has access to motor vehicle records or criminal history reports, then your prior conviction will definitely show up. You should include the conviction on the application.
There is no expungement in New York State. You could, however, obtain a Certifcate of Relief from Disabilities from the court where you were convicted.
I am sorry that you have had to walk around with this criminal conviction. There are some reasons that a conviction can be vacated, although it is a difficult endeavor. For example, if there was duress, misrepresentation, or fraud on the part of the court or prosecutor that could provide a reason. If there was a violation of your Constitutional rights there may also be a basis to overturn the conviction. I know it is a confusing process when you are first brought before a court and accused of a crime. Give me a call if you want to talk about the matter and see if a motion to vacate your judgment would be appropriate. www.CriminalDefense1.com www.NYAttorneyDivorce.com
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