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If my New York DWI charges are dismissed/sealed, will the license penalties appear on my criminal and driving records?
Anonymous6 views6 answers
If my New York DWI charges are dismissed/sealed will the original drivers license suspension from the court at my arraignment and the conditional license I received from the DMV while my case was pending appear on my abstract after my case is dismissed and sealed?
If there was a dismissal and sealing, I would still follow up with DMV to demand that there is no reflection of a suspension pending prosecution or other evidence of the arrest. One cannot trust computers or computer entries.
The way this question is written, it's very confusing. I think you're asking if your DUI will show on your DMV report. The answer is possibly. Most states, the DMV and court are separate. If you have a question about your DMV record, go get one from DMV and see for your self. If you have a question about your criminal record, complete a live scan on yourself.
As Eric pointed out, it should not show up on a background check, but it certainly will show up on a DMV check, if they have not received anything mandating that they do not disclose it. This is going to take some effort on your end to have it fixed, which means you will have to follow up with DMV. Yes, it is a hassle, but you need to get it done.
Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
I expect that it will show up. I'm not sure the basis of dismissal but dmv suspended your license for pending prosecution after a BAC over .08. I've never researched this particular issue but I think your temporary suspension occurred independent of the DAs ability to prove your guilt. The best analogy is a driver who refused to blow when requested, loses the refusal hearing and has his license revoked for one year. If the Dwi charges are ultimately dismissed the revocation does not go away. I believe the temporary suspension is not part of the arrest and prosecution and will not be sealed.
It is likely the suspension will appear on your driver's abstract. I would obtain a copy of the abstract to verify. It is unlikely the DMV would remove an entry from your record without an order to do so.
