DWAI and Job Application

[sidewalk10]

What is the name of your state (only U.S. law)? New York

Back in 2001 I was charged with DWI and had it reduced to DWAI. I have been working in the banking industry since then. I have disclosed this when applying for jobs if asked "Have you ever been arrested?" and have had no problem getting them.

I am now applying for a new job in the financial data industry and on the application the question is "Have you ever been convicted of a crime that has not been expunged, sealed, pardoned, annulled, statutorily eradicated or dismissed upon condition of probation?"

There is a check box for "yes" and one for "No Record".

My understanding is DWAI is not a crime but only a traffic violation.

Am I correct if I check "No Record" on the job application?

 

[You Are Guilty]

Sanctions. 1. Criminal penalties. (a) Driving while ability
impaired. [highlight]A violation of subdivision one of section eleven hundred
ninety-two of this article shall be a traffic infraction[/highlight] and shall be
punishable by a fine of not less than three hundred dollars nor more
than five hundred dollars or by imprisonment in a penitentiary or county
jail for not more than fifteen days, or by both such fine and
imprisonment. A person who operates a vehicle in violation of such
subdivision after having been convicted of a violation of any
subdivision of section eleven hundred ninety-two of this article within
the preceding five years shall be punished by a fine of not less than
five hundred dollars nor more than seven hundred fifty dollars, or by
imprisonment of not more than thirty days in a penitentiary or county
jail or by both such fine and imprisonment. A person who operates a
vehicle in violation of such subdivision after having been convicted two
or more times of a violation of any subdivision of section eleven
hundred ninety-two of this article within the preceding ten years shall
be guilty of a misdemeanor, and shall be punished by a fine of not less
than seven hundred fifty dollars nor more than fifteen hundred dollars,
or by imprisonment of not more than one hundred eighty days in a
penitentiary or county jail or by both such fine and imprisonment.

Subject to the above conditions, it is an infraction (unless it's a combined drugs+alcohol DWAI, in which case it rises to a misdemeanor under the next section of the statute)

 

[sidewalk10]

Thank you for the quick reply.

Can I assume this infraction is not a criminal conviction? Would this appear on my "criminal" record?

 

[InsaneJane]

It will show on your driving record.