Can I Get My DWI Arrest Expunged in Texas?

 Posted on October 02, 2020 in DWI

Getting arrested for driving while intoxicated (DWI) can greatly impact your future, even if you are never charged or found guilty. Because criminal records are accessible to the public, an employer can see these arrests and will often write you off before ever meeting you. This is the purpose of background checks, but you may be wondering why an old arrest that did not amount to a guilty charge can continue to get in the way of your future. This is especially common for those who were arrested for DWI at a young age. Luckily, the Texas law has a solution for those individuals looking to restart their record.

What Is Expunction?

The term “expunction” refers to the removal of information from a criminal record, allowing the individual to deny that the incident ever occurred in the past. Depending on the severity of the incident, Texas law allows individuals to request that information regarding an arrest, charge, or conviction be removed from their permanent record. However, many conviction requests are denied, especially with more severe charges. The following records are eligible for expunction:

1. An arrest for a crime that was never charged

2. A criminal charge that was dismissed

3. Qualifying misdemeanor juvenile offenses

4. A conviction of a minor for certain alcohol offenses

5. A conviction for failure to attend school

6. The arrest of a person who is not charged if a case is not filed and there is no felony offense from the same incident for which the person was arrested

7. Arrest, charge, or conviction on a person’s record based on identity theft by another person who was arrested, charged, or convicted of that crime

8. A conviction for a crime that was later acquitted by the court

9. A conviction for a crime that was later pardoned by the governor of Texas

Does This Include My DWI?

A DWI conviction cannot be expunged from your criminal record in Texas. It is important to note that for juveniles, the law is a little more lenient. If convicted of a DWI as a juvenile, the juvenile record may be expunged if the legal punishment was fully completed and no other alcohol-related charges exist on your record. However, if you were arrested for a DWI, charged, and one of the following happened, you may be eligible for expunction with the help of a knowledgeable attorney:

• The charges were never filed.

• The case was dismissed by the court.

• You were found not guilty.

• Your conviction was overturned on appeal.

Contact a Wilson County Expunction Attorney

Having an old arrest or charge sitting on your criminal record can act as a roadblock between you and future opportunities. This is especially true for those who have faced DWI charges as these criminal charges hold a particularly negative stigma. At BRCK Criminal Defense Attorneys, we understand how difficult these arrests can be for those who want to move forward with their lives. Because we recognize this, our attorneys provide dedicated representation to anyone requesting expunction. With over 40 years of combined experience in criminal law and a concentration in DWI defense, our Floresville expunction lawyers are here to help. Contact us today at 830-769-1010 to discuss the details of your case by scheduling a free consultation.

Sources: 

https://guides.sll.texas.gov/expunctions-and-non-disclosure

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm#55.01