AggressiveCriminal Defense For Texans

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Can my DWI charge be expunged in Texas?

On Behalf of | Jun 10, 2024 | DWI

A DWI charge in Texas can be daunting. It has long-lasting implications for your personal and professional life. At least 70 million Americans have a criminal record. Even minor charges like DWI can be included on your criminal record, accessible by anyone, including employers and landlords.

Fortunately, under certain circumstances, you can have your DWI records expunged from your record, giving you a clean slate to start on. Expungement is the legal process of completely removing a charge from your record. In Texas, not all DWI charges are eligible for expungement, and the laws surrounding this process are specific.

What are the eligibility criteria for expunging a DWI record?

DWI convictions generally can’t be expunged in Texas, however not all charges lead to a conviction and if your case meets certain conditions you may be able to seek expungement, including:

  • You were freed of the DWI charge
  • The DWI charge was dismissed without any form of community supervision (probation) being served
  • You completed a pre-trial intervention program successfully
  • The statute of limitations expired before you were charged

To have your DWI case expunged, you should start by filing a petition for expunction. This petition must detail your case and explain why you qualify for expungement. After filing the petition, the judge will review your case in a hearing.

If the judge grants the expungement, all records of the DWI charge will be effectively erased from all State records and public access. Having a skilled legal team by your side throughout this process can make the difference between a fruitful expungement and a denied petition.

The expungement of a DWI charge means that you can truthfully state on job applications, housing forms and other official documents that you have never been arrested or charged with a DWI. This can make your life as normal as possible, making it easier to get good employment prospects and housing opportunities.