Is It Possible To Expunge a DWI in Texas?
When it comes to DUI charges, the road ahead may seem daunting. The consequences of a DUI can linger long after the incident, affecting your personal and professional life. Fortunately, Texas law offers a way to potentially clear criminal records through a legal process called expungement. But not everyone qualifies for expungement, and not every crime can get expunged. Is it possible to expunge a DUI in Texas?
What is Expungement?
Expungement is like hitting the reset button on your criminal record. It is a legal process that allows you to have certain past offenses removed or sealed from public view. When criminal charges are expunged, it is as if it never happened, at least in the eyes of the law. Expungement is the legal equivalent of hitting ‘delete’ on your criminal record.
Not all criminal convictions or charges can get expunged in Texas. You must meet specific eligibility criteria, and this is often difficult. If any of these apply to your situation, you may be able to request an expungement of your record:
- Charges were dismissed at trial
- Court acquitted you
- Officers arrested you but never charged you
- You were convicted but found innocent
- You received a pardon
Can I Qualify For DWI Expungement?
Unfortunately, a DWI conviction can never be expunged in Texas. While this may not be what you want to hear, there is a bit of good news. Your DWI arrest and charges can get erased if you meet certain criteria. If your DWI arrest did not result in a final conviction, you may qualify for expungement.
For example, if the judge dismisses your case without a conviction, you can have those charges expunged from your record. However, even if you’re convicted of a lesser offense, such as reckless driving, that arrest and DWI charges will stay on your record.
Another exception is if your only DWI occurred as a minor. In this case, you can file for expungement as an adult.
The expungement process is not a simple one-size-fits-all procedure. It involves a series of legal steps, including filing a petition in court, obtaining a court order, and working with law enforcement agencies to remove your record. However, with the right Houston expungement attorney, you can evaluate your options and protect your future.
How Long Will a DWI Stay On My Record in Texas
Unfortunately, a DWI stays on your record forever in Texas. As mentioned, it cannot be expunged. Your best option is to fight a DWI arrest aggressively from the start. A criminal defense attorney can build a solid defense and fight to get the charges dropped altogether. Rest assured, the costs of Texas DWI fines and the long-term consequences of a criminal record are challenges you don’t want to face. Your future hinges on securing an attorney who knows how to fight back after a DWI arrest in Texas.
What If Expungement Is Not An Option?
Expungement, while a powerful tool, is not a universal solution for all cases. There are situations where expungement may not be possible, and this could be due to various factors. Common reasons for ineligibility include multiple DUI convictions, ongoing legal issues, or not meeting the eligibility criteria discussed earlier.
When expungement is not feasible, one alternative option is record sealing. While not as comprehensive as expungement, record sealing involves restricting access to your criminal record. This means that your DUI conviction is still on your record, but it is hidden from the public eye.
In Texas, it’s possible to seal a first-time DWI (Driving While Intoxicated) conviction through an Order of Nondisclosure if the following conditions are met:
- The DWI charge was indeed a first offense.
- The defendant has successfully completed court-ordered community supervision or confinement.
However, certain disqualifying factors can hinder the sealing of a DWI conviction. These include:
- A blood alcohol concentration (BAC) of .15 or higher.
- Involvement in an accident with another person, including passengers.
- Being charged with a subsequent offense after the DWI probation or confinement period has ended.
Understanding these eligibility and disqualification criteria is essential for those seeking to clear their record of a first-time DWI conviction in Texas.
Contact Our Houston Expungement Lawyers Today
If you meet the eligibility criteria, expunging a DUI in Texas can be a life-changing decision. Our law firm can help you explore all your legal options to make the best choice for you and your future.
Don’t let the mistakes of the past define your future. Take the steps to clear your name, and look forward to a brighter tomorrow. At Roger G. Jain & Associates, P.C., we can go to work quickly to see if you qualify. Call us at (713) 981-0600 or fill out our confidential contact form.
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.