Archive for October, 2011

Ithaca Cortland DWI Lawyer New York Sealing and Violations

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www.ithacadwi.com In New York, violations, such as disorderly conduct and traffic offenses, are not considered “criminal” convictions, and most (with the exceptions of specific violation-level convictions for loitering or VTL 1192 (1) DWAI (driving while ability impaired) ) may be sealed at the state level. Records relating to the original arrest (fingerprints, arrest photos, etc.) are sealed and destroyed, and the conviction will not appear on a DCJS rap sheet. Sealing a record under 160.50 will prevent the public from having access or seeing the records, court entries, and other information related to the case. The record may still be made available to some entities, such as courts and law enforcement. While fingerprints and mug shots (photographs) must be either returned or destroyed (absent the applicability of an exception), the “official records and papers” concerning the case are merely sealed. The sealing is secure, in that the statute specifically states that the records “shall be sealed and not made available to any person or public or private agency.” See CPL 160.55(c). I am a member of theNational College of DUI Defense and an author in Strategies for Defending DWI Cases in New York, 2011 ed.: Leading Lawyers on Understanding Today’s DWI Environment, Constructing a Defense Strategy, and Counseling Clients (Inside the Minds) New Edition west.thomson.com To learn more about how DWI, traffic violations, and other criminal cases work in the state of New York, I