Clearing a DUI From Your Record in New York
Whether a DUI or DWI conviction can be expunged or sealed in New York, and what to do instead if it can't.
Short answer: Yes. A conviction for driving while ability impaired (a traffic infraction under Vehicle and Traffic Law § 1192(1)) is sealed automatically after 3 years under the Clean Slate Act. N.Y. Crim. Proc. Law § 160.57(1)(a)–(b), (3)(b); Unified Court System, CPL 160.59 Sealing Application
| DUI / DWI convictions | Yes. A conviction for driving while ability impaired (a traffic infraction under Vehicle and Traffic Law § 1192(1)) is sealed automatically after 3 years under the Clean Slate Act. Misdemeanor DWI is a criminal conviction and is not on the Clean Slate exclusion list, so it follows the 3-year misdemeanor rule. The court's CPL 160.59 instructions use a misdemeanor DWI conviction as an example of a conviction that can be listed for sealing. Sealing does not require Department of Motor Vehicles records to be sealed or destroyed. |
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| How to apply | Clean Slate sealing happens automatically, without an application. To seal by application under CPL 160.59: get a certificate of disposition for each conviction, complete and sign the Unified Court System's CPL 160.59 application, and gather supporting documents (such as a Certificate of Relief from Disabilities or Good Conduct, employment, treatment or education records, and reference letters). Serve a copy on the prosecutor in each county, then file the original with the court where you were convicted. The court must obtain a fingerprint-based rap sheet, so you may need to be fingerprinted. |
Where to get help in New York
More New York expungement & criminal records
- Getting a Copy of Your New York Criminal Record
- Expunging or Sealing a Felony in New York
- How to File for Expungement in New York
- All New York expungement & criminal records rules
FAQ
Can a DUI be expunged in New York?
Yes. A conviction for driving while ability impaired (a traffic infraction under Vehicle and Traffic Law § 1192(1)) is sealed automatically after 3 years under the Clean Slate Act. Misdemeanor DWI is a criminal conviction and is not on the Clean Slate exclusion list, so it follows the 3-year misdemeanor rule. The court's CPL 160.59 instructions use a misdemeanor DWI conviction as an example of a conviction that can be listed for sealing. Sealing does not require Department of Motor Vehicles records to be sealed or destroyed.
How do you file for expungement in New York?
Clean Slate sealing happens automatically, without an application. To seal by application under CPL 160.59: get a certificate of disposition for each conviction, complete and sign the Unified Court System's CPL 160.59 application, and gather supporting documents (such as a Certificate of Relief from Disabilities or Good Conduct, employment, treatment or education records, and reference letters). Serve a copy on the prosecutor in each county, then file the original with the court where you were convicted. The court must obtain a fingerprint-based rap sheet, so you may need to be fingerprinted.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.