Navigating all the details and determining eligibility is best done with a DWI lawyer by your side. DUI/DWI Expungement in Texas: How to Get a DUI Off of Your Record Reach out to the board-certified counsel at Erskine Law for a free and confidential legal consultation; contact criminal defense attorney Brian Erskine online or by phone at 512-359-3030 to discuss the details of your drunk driving case. It also means that when a background check is done, the records will not show up, and the individual can legally deny the existence of the records. reckless driving), a conviction after a DWI arrest makes expunging any charges impossible in the state of Texas. If you had a child under the age of 15 in your motor vehicle at the time of the offense, your DWI charge would be aggravated to a state jail felony in Texas. The amount of time individuals must wait before petitioning for an expunction varies depending on the type of charge, whether the individual was convicted, acquitted, or the case was dismissed, the statutes of limitations, and several other factors. Yes, expungement only for juvenile records. What Is The Likelihood Of Getting A DWI Nondisclosure In Texas? Expungement is a legal term that means erase or remove completely. Once a persons DWI arrest is expunged, no mention of the charges will appear on his or her public record. Phone: (254) 412-2300 Address: 3715 Bellmead Dr., Waco, TX 76705, experienced Waco DWI / DUI defense attorney. Confidential or time-sensitive information should not be sent through this form. Expunction of arrest records is covered in chapter 11. Schedule a consultation with our office today to learn how you can put mistakes from the past behind you. Dont panic! A qualified criminal defense attorney, like Brian Erskine, can help determine whether you might be eligible for an expunction, and can be the best approach to clear criminal records from your past. In the state of Texas, only certain become eligible for expungement or record dismissal. Copyright 2023 Ben Michael & Associates, The Defendant Was a Minor at the Time of Arrest, An Alternative: Having Your Record Sealed, When it Comes to DWI Expunction, Hiring a Professional is Your Best Bet, a qualified attorney can properly evaluate. The Texas Department of Transportation estimates that every 20 minutes, someone is hurt or killed in an alcohol-related accident in the state. Texas law allows you to file a petition to expunge your DWI charges (referred to as expunction in Texas) only when any of the following occurs: The grand jury issues a no bill when they do not find probable cause that a crime occurred. Luckily, the law is retroactive, meaning even if the conviction happened before the law passed, all first-time offenders may take advantage of it. you should be eligible to expunge the DUI arrest and conviction. Privacy Policy. Chapter 55 governs the expunction of criminal records. Fill out the form below, and well be in touch within a few minutes for a free case review. If you petition for nondisclosure, you are asking for your record to be sealed, not cleared, as it would be with an expunction. Can I Get My First DWI in Austin Dismissed. The criminal defense lawyers at Thiessen Law Firm can help answer case-specific questions, such as How much does it cost to get my record expunged in Texas? or Can a Class C misdemeanor theft in Texas be expunged?. } This also applies to any final conviction as the result of a plea deal. It will be, from the courts perspective, as though the arrest did not happen. For instance, if your attorney is able to reduce your charges down to a Class-C traffic violation, and you subsequently fulfill dismissal requirements for those charges, the original DWI arrest may then be eligible for expunction. This means that the records will still exist, but they will be sealed and not available to the general public. Drafting the petition is a crucial step in your expungement process. The driver was a minor, fulfilled any court obligations and did not have subsequent DWIs. It provides a great, easy-to-understand summary of expunctions and nondisclosure orders in Texas. 2023 Thiessen Law Firm. How long does a DWI stay on record? Unlike other states, Texas does not have a washout period for DWI convictions. Once an order of non-disclosure is entered, the public cannot see your records. You should ask your lawyer to file this petition immediately if these situations apply to you. He is a good and top notch professional attorney and kept my best interest inmind. Does the Age of My DWI Conviction Matter? The judge determines whether to grant an expungement. A criminal record can cost you: Employment opportunities Admission to a college or university Delays, errors, and oversights could prevent your right to seek this remedy altogether. Clearing Your Criminal Record // Can DWI Be Expunged? There are many financial and criminal penalties for people found guilty of driving while intoxicated (DWI), but what happens if the charges are dropped or the driver was proven innocent? Yes, DWI charges can be dismissed in Texas. This list is far from exhaustive.). Then the person spent a money trying to do it himself and there is no way to fix it later. Obtaining a dismissal in a DWI case often involves challenging the reason for the stop and attacking the administration and results of the standardized field sobriety tests (SFSTs). It also contains forms for a motion and order of expunction. The good news? A lawyer can walk you through all the options, including whether or not an expunction is possible. Can You Expunge A DUI In Texas? - Davidazizipersonalinjury What Is The Law On Expunging Or Sealing A DWI In Texas? Disclaimer: The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Attorneys with TLSC's Transactional Legal Assistance Project can help low-income Texans request an expunction of their arrest record for free. , can help determine whether you might be eligible for an expunction, and can be the best approach to clear criminal records from your past. This article from Texas Law Help explains the differences between expunctions and nondisclosure orders under Texas law and explains the basic procedures for filing for both processes. If you successfully appealed your conviction, you can apply to have your record expunged. Guide you through the necessary legal steps. In America, everyone deserves a second chance. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients. Andrew Williams is proud to serve Texas communities in and around northeast Harris County, including Kingwood, Houston, Atascocita, New Caney, The Woodlands, Conroe, Dayton, Sugar Land, Cy-Fair, Cold Spring, Bellaire, River Oaks, Spring, Tomball, Cleveland, Harris County, Montgomery County, Liberty County, San Jacinto County and as well as in Federal Court. If the case is won, then expungement is possible, and the next steps are to petition the court to expunge the record. We have the courtroom experience to give you the best chance to beat your DWI charge or help you seal an eligible DWI offense from your record. The physical or email addresses of every person, business, and government entity with information, records, or files relating to the charge. More Helpful Articles by Thiessen Law Firm. However, an DWI charge that proceeded not result in a final conviction can be expunged in some circumstances. DWI charges that can't be expunged may be eligible to be sealed under Texas's DWI Second Chance Law. Expungement in Texas is a process that legally erases a crime from an individuals record. Can I Have My DWI Expunged in Texas? Making the mistake of going it alone can cost the defendant their future, freedom, and finances. Rather than letting your record be tarnished forever, contact us at Thiessen Law Firm and well start the process of filing for your expungement in Texas. Your BAC Level Exceeded 0.15%. You may also be able to find assistance at an upcoming legal clinic. If youve been charged with DWI, contact his office at 281-358-9111 or online to learn more about his practice. Its important to have legal guidance, as expunction is a complicated process where any missed details threaten the integrity of your criminal record. Austin Hagee is the best attorney I could have asked for. He was really able to ease my worried troubled mind with his in-depth knowledge of the law and even replying back when it was already late after hours. What You Need to Know About DUI Expungement in Texas This guide also includes links to common forms used in the expunction and nondisclosure processes. One example is victims of identity theft. Conditions for DWI Expungement Theres another option for some first-time DWI offenders under Texas so-called Second Chance law. Have questions like, Can a deferred adjudication be expunged? or Am I eligible for expunction? Here, we answer all of these queries and more. You may be eligible if your case was dismissed before charges were filed, or if the charges themselves were dismissed after filing. Get in touch with the most aggressive Houston DWI attorney today and begin your journey toward justice today. UT Austin's Legal Services for Students provides a good overview of expunctions and nondisclosure orders. A knowledgeable and experienced attorney, Mr. Erskine will be able to explain the details of the charges to help you understand what your next steps should be. However, if you werearrested for a DUI or DWI, there may be some conditions that allow you to get it expunged. nondisclose) a DWI conviction in Texas. Expunction is the process of completely destroying the records of an arrest and any subsequent conviction. Notify the relevant agencies and the district attorneys office. What are the Requirements to Get a DWI Nondisclosure in Texas? I can talk to you about having your dismissed cases expunged in addition to sealing your DWI conviction. Your case was dismissed If the judge dismisses your DWI case altogether, your charges and arrest are eligible for a DWI expungement in Texas, since they did not result in a final conviction. A, qualified criminal defense attorney, like Brian Erskine. Clean and sober for 12 years and no trouble whatsoever. If you did community supervision and had an interlock device on your vehicle for at least six months as part of your community supervision: 2 year waiting period, If you did community supervision and had an interlock device on your vehicle for at least six months as part of your community supervision, but your community supervision was revoked and you were sentenced to jail time: 3 years. If you fight your case and receive a not guilty verdict in a court of law, your arrest and charges may be eligible for a DWI expungement in Texas. In the event that your first and only DUI arrest occurred when you were a minor and you fulfilled your court orders as required, you may be able to have your record expunged as an adult. First-time DWI offenders may qualify for pretrial diversion, a program that, once completed, would potentially allow them to expunge a DWI charge from their record. A DWI conviction cannot be expunged in Texas. If there is any uncertainty regarding conviction, check with a lawyer to clarify. But its extremely important to keep the notion of innocent until proven guilty in the front of your mind and to hire a skilled DWI lawyer in Houston if you want a shot at expungement in Texas. An order of non-disclosure is essentially an order to seal your record. Could Trump Be Un-Impeached? GOP Starts Process To 'Expunge' Ex There are numerous criteria to meet with this option, and as with expungement, theres a process to follow. It can also make it easier for them to find a job, housing, or pursue other opportunities. If police suspect you are driving under the influence of drugs or alcohol, you will be pulled over and asked to submit to a breathalyzer or field sobriety test. He always answered his phone and on the off chance he didn't he always called back within 30 minutes. The information on this website is for genenral information purposes only. However, sealed records can be opened with a court order. Advise you on your eligibility for expunction. If you have questions about how to get a DUI expunged in Texas, reach out to anexperienced Waco DWI / DUI defense attorneyat The Law Office of Simer & Tetens today. With the right DWI defense attorney, a positive outcome is possible. Please call or complete the form below and we will respond back as soon as possible. Also, expunctions are tricky. Fighting a DWI License Suspension in Texas. Sealing a criminal record in Texas, also known as non-disclosure, means that the records of the arrest and any subsequent conviction are removed from public view. Office in Travis County, by appointment only. Its rare to be mistakenly accused of a DWI, so they must provide documentation of their innocence. Heres what you need to know when it comes to getting a DWI expungement in Texas, so you can finally move on with your life. Believe us, you cannot afford the Texas DWI fines cost or the consequences of having a criminal record. Anyone with this charge needs to find the best possible outcome, which means understanding the legal system and making the right choices for each case. However, a whole lot can happen between the time of your arrest and the time of sentencing, especially when cases often last months or even years. Determine the specific laws and regulations that apply to your case. We will stand by your side, protect your rights, and help you find the best possible solution for your circumstances. However, your drunk driving charge can be expunged if the case is . (Dont see your case type? Before you start petitioning for an expunction, its important to know under which of these two categories you fall. Chapter 411 Subchapter E-1 governs nondisclosure orders. A DWI charge in Texas can have lasting repercussions if not expunged from a person's record. What Is The Law On Expunging Or Sealing A DWI In Texas? Expunctions and non-disclosures are covered in chapter 22. It's been over 12 years. If you aren't familiar with the process, review what expungement means. "acceptedAnswer": { Information about expunctions and orders of nondisclosure in Texas. 55.02.The Texas code requires: You must file the petition in the correct court. How Long Does a DWI Stay on Your Record in Texas? The requirements to have your DWI nondisclosed are: No. However, if you were arrested for a DUI or DWI, there may be some conditions that allow you to get it expunged. Texas has cracked down hard on drunk driving, and the state's laws do not. In order to be eligible to have your records sealed, you must be: If you meet the qualifications, you may be eligible for the non-disclosure after a certain amount of time, which will vary based on the circumstances of your conviction. That said, there are expunctions available under certain . This page from Texas Clean Slate Project lists upcoming local clinics that help with the expunction process and sealing other criminal records. One of the most common types of cases people wish to have expunged are DWI cases, as getting a DWI in Texas can come with a slew of negative repercussions, both legal and social. When a DWI charge is dismissed the record of the incident remains. According to Texas law, a judge may issue first-time offenders a deferred adjudication probation, in which the accused completes probation in the absence of a conviction. An explanation of who qualifies for expunction and how the basic process works is also included. More Helpful Articles by Thiessen Law Firm: Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas. He is certified in administering the same field sobriety tests used by police officers, which gives him unique knowledge of the process. See the TLSC website for details and information on how to apply for this service. How are we doing? When Can You Face an Aggravated DWI Charge in Texas? Can a DWI be expunged in Texas? Copyright by the Texas State Law Library. Please call or complete the form below and we will respond back as soon as possible. Individuals arrested for a DWI but never formally charged can seek an expungement of their record. Can I Have My DWI Expunged in Texas? - Erskine Law Yes, there is a way to keep that DWI from besmirching your beautiful, pristine record. It is a great plain English explanation of these two procedures. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. That all changed on September 1, 2007 when a new law went into effect (HB 3016) that allows certain types of first-time DWI convictions to be sealed (i.e. Individuals eligible for an expungement in Texas: Individuals entitled to an expungement in Texas: Even if you are eligible/entitled to an expungement in Texas based on the above criteria, you will not qualify for an expunction if you meet any of the following conditions. "name": "Can I Have My DWI Expunged in Texas? Can a DWI Conviction Be Expunged in Texas? In some states, you can expunge a DWI after completing your probation sentence. This field is for validation purposes and should be left unchanged. A conviction for DWI in Texas carries various penalties, including jail time, probation, and the penalty of losing your license. Can a DWI Be Expunged in Texas? - Austin Hagee Law Firm A DWI conviction cannot be expunged in Texas. That said, there are expunctions available under certain limited circumstances under Texas law, which allow you to have your adult criminal record expunged of DWI crimes in very specific situations. However, not every driver charged with DWI is found guilty, and sometimes the charges are dropped. When it comes to expunging a DWI in the state of Texas, theres bad news and good news. Your future freedoms may depend on it. If you are ever arrested again for DWI, your sealed DWI can still be used to enhance your charge to DWI second. If the case meets the requirements and the petition is successful, the court awards the expunction, and the attorney will then file an order. If you were under the age of 17 when you are charged with a DWI and also not convicted of any other violation under the Texas Alcoholic Beverage Code, you may be eligible for expungement of your DWI arrest and conviction. Learn more about how to register from home. You cannot expunge a DWI conviction from your criminal record in Texas. Once the arrest record is wiped, the incident wont appear on their record. }. If you successfully complete your probation, you may also be eligible to file a petition of non-disclosure, which seals your record and prevents it from being released by public agencies. nondisclosed). Texas is one of 12 states where DWI, or sobriety, checkpoints are not allowed. How much does it cost to expunge a DWI in Texas? If you plan to fight your case and are successful in getting a not guilty verdict in the court, then your DWI arrest and charges could be eligible to be expunged. Nothing on this site should be taken as legal advice for any individual case or situation. A DWI can be expunged or sealed from a criminal record, just depending on the outcome of the case. If a person is wrongfully charged and can prove it, they could be eligible for getting their record expunged. That said, there are expunctions available under certain limited circumstances under Texas law, which allow you to have your adult criminal record expunged of DWI crimes in very specific situations." It doesnt matter whether your other convictions or deferred adjudications were before or after your DWI conviction. The waiting period is three years for offenders who went to jail or received time served. Whether or not an ignition interlock device was part of the deal can significantly lengthen or shorten that timeframe. Cases with incorrect procedures involving probable cause could qualify. There are different means and methods towards obtaining expungement in Texas (see pretrial diversion ), but typically, expungements occur during sentencing. This means that if you are found guilty and convicted of a DWI in Texas, it will remain on your record for your entire lifetime. Once drafted, a lawyer will file the petition with the court where DWI the incident occurred. If you were not required to have an ignition interlock device, then this will be the fifth anniversary after probation is completed. Applicants are required to submit a DPS Criminal History Report along with their application to determine eligibility. However, that doesnt mean all hope is lost. Don't have a library card? Potential employers could turn you down and choose a candidate without a criminal history. If you're pulled over with any alcohol in your system, then you will be charged with a DUI - even if you were below the legal limit. For non-disclosure: In Texas, certain criminal cases may be eligible for sealing or expunction. Learn more. The DUI Process Getting a DUI can be a scary process, and it can have very serious consequences. Case for Expungement: You Were a Minor. How to beat a DWI in Texas | Trey Porter Law In this subchapter you will find the laws that explain who is eligible for an order of nondisclosure as well as the procedure that must be followed. There are several legal aid organizations that may be able tohelp you with the process of clearing your record. Is a DWI a Misdemeanor or a Felony in Texas? | Trey Porter Law No. The answer is no. Should You Take a Court-Appointed Attorney. In that case, there still may be hope to seal a record, alleviating some of the consequences of the charge. If you were convicted of a DWI/DUI then no, you cannot get it expunged. They explain who is eligible for either of these procedures in a manner that is easy to understand. Criminal History and Travel Abroad Restrictions, The Penalties For Intoxication Manslaughter in Texas. An attorney experienced with expungements can provide more details on these and the few other instances when you might be eligible to file a petition for an Order of Expunction. More specifically, the Texas Young Lawyers Association and State Bar of Texas designate the following situations as being qualified for expunction in Texas: If you do not qualify for expunction of your charge, you may still be in luck. Just because youre in a bad situation now doesnt mean it has to impact the rest of your life. Home Blog Can You Get a DWI Expungement in Texas? There was no probable cause to pull the driver over; The sobriety test was conducted incorrectly; or. Pretrial Diversion in Texas for DWI Offenders | Thiessen Law Firm The new law only allows first-time DWI convictions to be sealed. These include: Getting your case dismissed in court Thank you. After the petition for expunction is filed, the attorney and defendant will receive notice that theyve been granted a court date which may be more than a month from the filing date. Andrew Williams has been in practice for more than 20 years and is Texas board certified in criminal law. The information on this guide can help you understand the difference between an expunction and nondisclosure, who is eligible for each process, and how the process generally works. While expungement permanently removes a DWI arrest from court records, records that are sealed still exist, but are not easily available to the public. If you received a DUI as a minor and it is your only DUI offense, then you may be able to apply . There are many reasons DWI charges can be reduced or dropped altogether: With so much at stake fines, suspended drivers license, jail or prison sentence, increased insurance rates and damage to ones reputation it makes sense to have an experts help. 4 min read. This booklet from the Texas Foster Youth Justice Program provides information and sample forms regarding the sealing of juvenile records. Andrew passionately fights for the best possible outcome for his clients. This information page from the Texas Dept. If you find these statutes difficult to understand, you may want to look at the plain English resources available in the Understanding the Law section of this page or speak to an attorney. Your DWI did not involve a crash that involved another person, including a passenger in your own vehicle. If you have a more serious charge than a first-offense DWI, you may want to know the answer to this question. We'll go through the details of your specific charge and we'll figure out if you're eligible for expungement or a nondisclosure. But you have to jump through some legal hoops to win court approval to seal your deferred adjudication from your record, and receiving this order from the court is not guaranteed. The popular misconception is that DWI convictions automatically disappear from your criminal history at some point. Copyright 2023 Law Office of Joseph Ruiz, PLLC All rights reserved. 2023 The Law Office of Andrew J. Williams. A sealed record means that, while it technically stays on the record, a DWI charge will be invisible to anyone conducting a background check. Call us at 210-500-3700 or contact us online to speak with our award-winning attorneys today. Should you meet the qualifications specified above, the following charges are open for expunction. This means that in the absence of a conviction, the accused will complete probation. The court can expunge your case if you win an acquittal. A date for a hearing before the court is scheduled. Your arrest records remain a part of the public record until you complete the expunction process. This article from a private attorney's blog goes over the types of crimes that are eligible for the expunction process in Texas. It discusses the procedure to obtain an expunction, which includes a checklist. Can a dwi felony be expunged if probation was successfully completed and 12 years clean has passed since the conviction? Code of Crim. There is potentially a lot at stake. He has gotten hundreds of charges dismissed and pled down several hundred more. Having a skilled DWI lawyer to represent you will give you a much better chance of success. What Are the Benefits of the New DWI Nondisclosure Law? Because state law may not be easy to understand, below you'll find a collection of resources that help to explain the law in simple terms.