A DWI in Texas is when someone operates a motor vehicle while under the influence of alcohol or drugs. This is a serious criminal offense in the state of Texas and carries serious penalties like fines, license suspension, and the possibility of jail time. Having a DWI on your record can negatively impact many different parts of your life, making it difficult to move forward from this charge. Many people with a DWI on their record wonder if a DWI can be expunged in Texas, meaning completely removing the charge from your record. This blog will explore whether a DWI can be expunged in Texas, providing clear insights into the eligibility criteria, legal processes, and potential benefits of clearing your record.
What is Expungement?
Under Texas law, expungement is a legal process that allows individuals to remove certain criminal records from their public records. Once a record is expunged, it doesn’t show up on background checks and individuals are allowed to deny that the incident didn’t even happen. This is different from nondisclosure (sealing records) which prevents the record from being visible to the general public but can be seen by certain government agencies and employers. On the other hand, expungement is completely removing the record, making it as if it never happened. This can be helpful in situations like seeking employment or housing, where employers/landlords often look at someone having a DWI on their record as negative.
Conditions Under Which a DWI Can Be Expunged
There are specific conditions in which a DWI can be expunged in Texas. One of which is if you were acquitted. An acquittal is when the court determines there isn’t enough evidence to prove you were driving while intoxicated. Typically once you are acquitted, Texas law allows you to file for expungement. Additionally, if your DWI charges are dismissed, you may qualify for expungement. A dismissal is when the prosecutor decides not to move forward with your case for reasons like lack of evidence or other legal reasons.
Another way to get a DWI record expunged in Texas is by completing pretrial diversion programs. Texas offers these programs to certain individuals (typically first-time offenders) charged with DWI where they allow you to complete a set of conditions like alcohol education courses, community service, or probation, without having to go to trial. After completing the program, in many cases, the charges get dismissed, allowing you to seek expungement.
There are quite a few situations where a DWI cannot be expunged. If you are officially convicted of a DWI, it will become a part of your permanent record. Texas is pretty strict about not allowing expungement for convicted DWI offenses, this is why it is important to have a strong defense strategy.
Steps to Apply for DWI Expungement
If you believe your DWI charge may be eligible for expungement, you will need to go through a series of steps. The first step to seeking expungement is filing a petition with the court in the county where the charge was made. It is helpful to work with an attorney when filing a petition to make sure everything is accurate and filled out correctly.
To file your expungement petition, you will need the following documents:
- The case dismissal or acquittal documentation (if applicable).
- Arrest records: Including the date of arrest, the law enforcement agency involved, and details about the charges.
- Court records: These are any documents or records relevant to the disposition of your DWI case, whether through dismissal, acquittal, or pretrial diversion.
- Completion of pretrial diversion documentation (if applicable)
After filing a petition with the court, the timeline for expungement can vary. Depending on the complexity of the case and the county you live in, the process can take several months. Once your petition is filed, the court will set a hearing date, where a judge will review your case to determine if expungement is granted. If the court grants your petition, it may take a few weeks for the order to be processed, and then your records will be cleared or sealed.
Take The First Step to a Fresh Start
Clearing a DWI from your record in Texas can significantly impact your future, particularly in areas like employment and housing opportunities. While a DWI conviction cannot be expunged, cases resulting in acquittal, dismissal, or successful completion of a pretrial diversion program may be eligible.
For those seeking to clear their record, working with an experienced attorney is crucial. C.L. Swisher, a criminal defense attorney based in Houston, TX, can provide the guidance and legal representation you need to explore your options and successfully file for expungement. Contact C.L. Swisher today to take the first step toward a fresh start.
