My Problem with the New York Sealing Law 160.59

This is how I sometimes feel, like wtf
from resilience.org

You know I have this issue with fairness. Freely admitted I think some things are blatantly unfair. Justice is something people philosophize about but practically it can be achieved. It drives me crazy and sometimes I even lose sleep over it.

One of my new peeves is the new New York sealing law under CPL section 160.59. It allows for sealing of old DWI criminal convictions if they are over 10 years old plus a few other qualifiers. And this is big news because NYS does not have expungement so sealing is the next best thing BUT...

What about old DWAI (driving while ability impaired) convictions?

There are hundreds of thousands of people with old New York DWAI convictions. They are NOT criminal BUT old Driving while ability impaired offenses:

1. Will show up on FBI background checks, I've seen it. Explaining it's significance to employers in the other 49 states may be a losing battle.

2. Many states and even Canada consider it (classify it) as a crime and even punish people because of it. Florida treats a NYS DWAI as if you got a criminal DUI in their state.

3. You cannot enter Canada legally with one on your record. Canada doesn't see a difference between it and their criminal offenses.

4. It could potentially impact your employment or dismissal from a job or position. I've had a school coach fired because of it because his state (not NY) thought it was a crime. This was even after we showed that it was not a crime in New York state.

In my opinion, this particular violation needs sealing just like misdemeanor and felony DWI. It would make sense to have a complete and just sealing law.

Those Who Create and Write Law May Not Have Practiced it in the Real World 

The legislature is not made up of a bunch of DWI defense attorneys or probably any but c'mon New York has two unsealables. They have been unsealable forever. Your legislature doesn't want them sealed so they can't be. Our new sealing law is great but it could be better. Because it doesn't modify CPL §160.55 to allow sealing of this lesser included offense called DWAI.

Sealed Records: Violations and Traffic Infractions (PL § 160.55)
All Traffic Infractions and Violations, except for Driving While Ability Impaired (VTL § 1192(1) and Loitering for the Purpose of Engaging in a Prostitution Offense (PL § 240.37), are sealed under CPL §160.55. 

https://www.nycourts.gov/courthelp/Criminal/sealedViolationsInfractions.shtml

Legislative Intent Behind the New Sealing Law was Giving Second Chances 

I'm imagining that NYS legislators thought about what sealing could do to help so many people. If your intent is truly second chances and cleaning slates then what about these two violation level offenses.  Why not include them as well? They were made unsealable for a reason but that time has passed. Does it make sense to now grant permission to seal old criminal convictions including felony level crimes but NOT a violation level DWAI?

These are only two violations which are legally unsealable, and they both have stigma attached to them. Why allow a benefit to all those convicted of misdemeanor and felony DWI but not to those with the lesser violation of DWAI. Remember a New York DWI is .08 or more BAC but DWAI is presumed at .06 to .07 BAC. Just my rant as a frustrated DWI lawyer who thinks about this stuff way too much.