Background checks are used by employers, landlords, licensing agencies, and more to evaluate a candidate or applicant’s suitability for various positions. Those with one or more DWI convictions may worry that their charges will appear on a background check and negatively impact their pursuit of employment, housing, etc. To acquire legal representation during your case and for experienced assistance, a New City DWI defense attorney can help.
A DWI conviction will show up on a criminal background check in New York. The good news is that the Fair Chance Act makes it illegal for certain employers in New York to inquire about an applicant’s criminal record before making a job offer. Under this law job applications and advertisements cannot ask questions about an applicant’s criminal history or convictions. Once an employer has made a tentative job offer they can then run a background check or ask the potential employee about their record.
While employers are allowed to revoke a job offer after learning about the employee’s criminal history, this law ensures that employers are truly getting to know candidates and assessing them based on their qualifications and who is best suited for the job. Many employers choose to disregard criminal history if it is not relevant to the job. However, having a DWI on your criminal record could disqualify you from certain positions especially if the job entails driving or working with children.
Besides the potential of losing out on a job opportunity, being convicted of a DWI can have other consequences. Some licensing boards for certain careers require you to report convictions or charges, especially relating to alcohol. Your nursing, doctor, teaching, or other license could be revoked as a result of your intoxicated driving conviction.
Having a criminal record can also impact your ability to find housing. Although a new law to limit landlords’ ability to perform criminal background checks was passed by the New York City Council, it has not yet been signed by the mayor. If signed into law, landlords will only be able to consider misdemeanor convictions from the past 3 years or felony convictions from the past 5 years when deciding whether to accept or reject an application. Older charges on the applicant’s criminal record will be shielded. If this law is signed it will take effect in 2025 and greatly benefit a former convict’s housing search. Until then, however, having a criminal record of any kind can hurt your chances of securing a place to live.
Many states in the U.S. offer people the opportunity to have certain crimes removed from their criminal record through expungement. If the person or their attorney requests a conviction to be expunged a judge may grant it depending on the circumstances of the crime.
Unfortunately for New Yorkers who have a conviction, DWIs are not eligible for expungement under NY state law. If your case is dropped or you are acquitted you may be able to expunge the charges, but a conviction will remain on your criminal record permanently.
© 2025 The Law Office of Kevin T. Conway. All rights reserved.
