New York Sealing Law: Can You Seal Both Your Misdemeanor and Felony DWI?

Second chances shouldn't be wasted!

For over a decade New York has been ratcheting up penalties for DWI. In 2010 our state was one of the first to make ignition interlock devices a must for all first time drunk driving convictions. Then law went from a 6 month interlock to a 12 month interlock. Alcohol evaluations and treatment are now mandatory for those convicted twice within 25 years.

Then in 2012 the DMV began applying a lifetime look back for problem drivers. Those drivers with even a 25 year old conviction were facing strict administrative license penalties. The purpose of all this new legislation was to severely limit or to revoke the driving privileges of those convicted of DWI offense, accidents, or multiple violations.


New York's recently passed sealing law, CPL section 160.59 is a sharp departure from this trend for harsher punishment. The law's primary focus is to shield criminal convictions on rap sheets from public disclosure.

Can you get your misdemeanor DWI convictions sealed under the new sealing law?

Can you get your felony DWI conviction sealed under the new sealing law?

In New York a Second DWI in Ten Years Counts as a Felony

A first time DWI in New York is a criminal misdemeanor. Drivers who submit to police breath and blood tests are usually charged with two separate DWIs. One DWI is for common law intoxication under VTL 1192 (3), and the other DWI is for driving with a BAC of .08 or higher.

A second DWI committed within ten years of the first conviction is enhanced to a class E felony offense. Getting a felony conviction is serious business, and can cripple many life opportunities.

The New Sealing Law Can Seal Both a Misdemeanor DWI and a Felony DWI 

Under the new sealing statute NYS CPL section 160.59 a person living with criminal convictions can seal up to two of them. It embraces a philosophy of rewarding rehabilitation and treatment.

You can seal two misdemeanor DWIs.  So more than one DWI but less than three misdemeanor DWIs over your lifetime history.

You can seal one misdemeanor DWI, and one felony DWI.

Sealing Requires an Application Which Can Demonstrate Compliance

Sealing is especially suited for those who can show they have complied with all orders of the court. This can be proven to the judge, and the DA by showing compliance.

CPL 160.59 (7) specifically directs a judge (and the DA) to review many factors before making a decision to seal your criminal records. This list is NOT all encompassing. There are many other things you may or may not have done that make up a complete review. 

Some of these factors for review shall include:

The amount of time that has passed since your last conviction and the filing of your application for sealing;

How serious of a crime or offense did you commit;

What were the specific circumstances of that crime and offense;

Was the initial arrest charge an eligible one and not just the offense for which you were convicted if something lesser;

The character of the defendant including what, if any, steps you have taken towards rehabilitation, treatment, education, community service, and involvement in their community;

How a victim of your crime feels about your record being sealed;

The impact and effect of a criminal sealing on your reintegration, rehabilitation, and your ability to become and/or remain a productive member of society;

The impact of the sealing on not just the public’s confidence and respect for the law, but the public’s actual safety;

Practically, to seal a New York DWI did you do the following:

Did you meet all the terms and conditions of your conditional discharge?

Did you pay all fines, state surcharges, and DMV driver responsibility surcharges?

Did you complete all community service hours?

Did you receive a term of probation, and was it served successfully?

Did you place a mandatory ignition interlock device on your car?

Did you ever violate your IID?

Did you complete an New York OASAS (office of alcoholism and substance abuse services) program?


Did you do anything else that supported your sobriety?

Did you attend relapse prevention classes?

Did you attend and participate in any AA, NA, or other sober recovery groups?

The new law seals more than one DWI, and even permits the sealing of a felony level DWI. You could even say that the new sealing law gives people a second, and even third chance at redemption.

Lawrence Newman is a partner in Newman and Cyr which focuses on DWI and criminal defense in the Fingerlakes region of New York State. contact larry@ithacacdwi.com