A DWI in Texas is a criminal offense. If you are convicted of a DWI, you will have a criminal record for life. When it comes to employment opportunities and other occasions that necessitate a background check, a criminal record can hold you back and negatively impact your future. If you are like many DWI offenders, you may wonder if you can expunge your DWI from your record, or at least seal it from the public. The answer depends on the unique circumstances of your case.
At Abrams Trial Law, our experienced criminal defense attorneys can help you explore your expungement options based on your unique situation. Learn more about DWI expungement in Texas below, and contact us today for legal assistance.
Expunging a DWI in Texas
Unfortunately, if you were charged with a DWI in Texas, , you may be able to make a case for expungement in the following instances:
- Your case was dismissed but the arrest has since remained on your record
- You were found not guilty by a Jury
- You were found not guilty by a Judge
- Your case was never filed even though you were arrested
In any of the above instances, you may qualify for expungement. However, if your DWI charges ultimately resulted in a conviction, expungement is not possible.
Order of Nondisclosure – An Alternative
Texas courts sometimes grant orders of nondisclosure, which essentially “seal” a person’s criminal record from the public and make them available only to law enforcement and government officials.
Texas law did not formerly permit nondisclosure of DWI offenses, but that has changed with the passage of HB 3016. As of September, 2017, select DWI cases are eligible for sealing under an order of nondisclosure.
To qualify for an order of nondisclosure, you must not have been convicted of a Class A misdemeanor. You must also not have been involved in an accident involving another person. The other person could have been a person in your own vehicle or a person in a second vehicle. The exclusion applies even if no one was injured in the accident. You must also successfully complete your DWI probation and the subsequent waiting period after probation. You must also have no prior convictions on your record (including deferred adjudication and probation) for anything other than minor traffic offenses. If you meet the above criteria, you may be able to get your DWI record sealed.
Get Legal Help Today
The consequences of a DWI conviction can be costly and long-lasting. Fortunately, you may not have to live with them. Contact the criminal defense lawyers at Abrams Trial Law to explore your options for clearing your name today.