How long a DWI stays on your record in New York
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Two records, two answers. On the driving record: 15 years for DWI; 10 years for DWAI. On the criminal record: sealing is possible after ten years — but the DMV can still look.
The DMV publishes its retention rules plainly: a conviction for driving while intoxicated is displayed on the standard abstract for fifteen years from the date of conviction, and a DWAI for ten. A lifetime abstract shows everything the DMV still holds, whatever those retention periods say.
| Question | Answer in New York |
|---|---|
| On the driving record | 15 years for DWI; 10 years for DWAI |
| On the criminal record | Sealing is possible after ten years — but the DMV can still look |
| Expungement or sealing | Only in limited circumstances |
| Source | New York DMV, Get my own driving record (abstract) · New York Courts, Sealed Records after 10 years (CPL 160.59) · checked 2026-09-06 |
Can it be cleared in New York?
New York has no expungement for convictions. It has sealing under CPL 160.59: after ten crime-free years, with no more than two convictions on the record and no more than one of them a felony, a court may seal them. Sealing is discretionary and requires an application.
Of the 15 states in this layer, 8 close the door on a conviction entirely, while Kansas will expunge one after a waiting period. So the blanket advice you find online — that a DWI can never be cleared, or that it always can after seven years — is wrong in both directions depending on where you were convicted.
The part of the New York rule that catches people
Sealing does not clear the driving record, and it does not stop the DMV from taking the conviction into account. In Matter of Boyle (Third Department, 2022) the court held that the Commissioner is permitted by statute to consider a sealed alcohol-related conviction during the lifetime review that decides relicensing after multiple offences.
Why the answer is always two answers
The driving record is kept by the licensing agency to decide licences, insurance surcharges and how hard to punish a second offence. The criminal record is kept by the courts and the state police to answer background checks. They are created at different moments, governed by different statutes, and cleared — where they can be cleared at all — by different procedures.
That is why someone can be told truthfully that their conviction was “dismissed” and still fail a driving-job screening years later. If the job involves a vehicle, the record that matters is the one at the DMV.
What else is still running in New York
The record outlasts every other obligation, which is why it is worth checking last rather than first. The programme, the filing and the device all end on their own clocks.
New York DWI law in full → · Class requirements in New York → · How records work everywhere →
Record questions in New York
How long does a DWI stay on your record in New York?
On the driving record, 15 years for DWI; 10 years for DWAI. On the criminal record, sealing is possible after ten years — but the DMV can still look. Those are two separate archives kept by two different agencies, and the answer people are usually given conflates them.
Can a DWI be expunged in New York?
Only in limited circumstances. New York has no expungement for convictions. It has sealing under CPL 160.59: after ten crime-free years, with no more than two convictions on the record and no more than one of them a felony, a court may seal them. Sealing is discretionary and requires an application.
Will a DWI show up on a background check in New York?
It depends which check. A criminal-history search looks at the court record; an employer who pulls a motor vehicle record sees the driving record instead, and those clear on different schedules. In New York the driving record holds it 15 years for DWI; 10 years for DWAI, which is why driving jobs keep asking about it long after the case is closed.
Does clearing the court record clear the driving record in New York?
No, and that assumption is the single most common mistake in this area. The two are held by different agencies under different statutes; an order aimed at one does not bind the other unless the statute says so explicitly. In New York: sealing does not clear the driving record, and it does not stop the DMV from taking the conviction into account. In Matter of Boyle (Third Department, 2022) the court held that the Commissioner is permitted by statute to consider a sealed alcohol-related conviction during the lifetime review that decides relicensing after multiple offences.
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.