DWI Arrest

Texas Expungement: A Facts Guide to Expunging a DWI in Austin

By October 16, 2018 No Comments
expungement in texas

A DWI may be the result of a one-off mistake, but it can go on to impact almost every other big decision you make in your life. It shows up on job applications, loan requests, and even applying for college or postgraduate programs.

If you live in Texas, you may not have to live with your DWI forever.

There’s hope for expungement in Texas if the court dismissed the case, you received a not guilty verdict, or if the offense occurred when you were a minor.

Does your case qualify for expungement? Keep reading to learn the facts about expunging records in Texas?

How Do I Qualify for Expungement in Texas?

Texas law allows you to get rid of records in only certain cases. What are they? They primarily impact examples where a judge didn’t hand down a conviction.

There are four reasons why Texas might allow you to seal or expunge a DUI record.

You Weren’t Convicted

Two of the four reasons are closely related.

If you were found not guilty in court, then your lawyer can apply to expunge your records. Additionally, if the judge dismissed your case, then you can ask for expunction for your charges and arrest. Both of these are possible because you did not receive a “final conviction.”

You Were a Minor

If the arrest for your first and only DWI/DUI offense occurred as a minor (under 18), you might be able to apply for expungement when you become an adult.

The court often restricts expungement to those who completed all later court orders and no future arrests.

You Qualify for a First-Time Offenders Program

Texas employers deferred adjudication probation for some first-time offenders. It is up to the judge to allow an individual into this program.

Deferred adjudication probation offers individuals a chance to complete probation and to avoid a final conviction. If and when the probationary period is over, the offender may then apply for a non-disclosure petition. Non-disclosure allows you to seal your record.

People in these programs may apply to expunge their record because they did not receive a final conviction.

What If I was Convicted?

If you received a final conviction for your DWI or DUI, then you may not apply for expunction. The conviction does not need to be for a DWI. If your attorney encourages the court to agree to a lesser charge, you cannot apply for expungement.

Clear Your Record with an Attorney’s Help

Do you qualify for an expungement in Texas? If you were not convicted, then you might be able to shed your record and open up opportunities for the future.

Did you get arrested for a DWI in the state of Texas? If so, we can help. Click here for more on dealing with the DWI process. For any pressing questions or to learn more about how a lawyer can help you deal with a DWI arrest, contact us.

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