Dallas Misdemeanor Expungement Attorney | Texas DWI Removal Lawyer (2024)

FAQs

Can a misdemeanor DWI be expunged in Texas? ›

A DWI conviction cannot be expunged in Texas. However, a DWI charge that did not result in a final conviction can be expunged in some circ*mstances. DWI charges that can't be expunged may be eligible to be sealed under Texas's DWI Second Chance Law.

The DWI arrest does not automatically "fall off your record" unless you file a petition to have the record expunged (or destroyed). If your misdemeanor DWI was dismissed, a person is generally eligible for an expunction so long as they are not convicted of another crime out of the same arrest, or a felony.

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. All you need is the proper forms and easy step-by-step instructions to complete your Texas expungement.

The Process Duration for Expungement in Texas

It is 180 days after a Class C misdemeanor arrest, a year in case of Class A and B misdemeanors, and 3 to 5 years following an arrest for felonies. Criminal records cited for expunction destroyed within 180 days of the court order.

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. The notion of “final conviction” also applies to reduced and/or shifted charges.

A DWI stays on your record permanently in Texas unless you can get it expunged or sealed. With a DWI on your record, anyone who runs a criminal background check on you will be able to see it, including: Employers.

Statistics show that people who plead guilty to DWI have almost no chance of getting their case dismissed and are more likely to be convicted of the original offense. However, if you plead not guilty, you have a 15% chance of dismissal and nearly a 30% chance of a conviction for a lesser charge.

In Texas, certain types of first-time, low-level offenders are given this second chance at a fresh start. This helps them to obtain employment without their record being a part of their application. Once you have met all of your obligations under the law, Texas's "Second Chance Law" allows you to move on.

Texas's statute of limitations for a misdemeanor DWI charge is two years, while Texas's statute of limitations for a felony DWI charge is three years.

Police cannot see expunged records. That's because when a court expunges your records, your files are destroyed or returned to you. It's like you never had a criminal record in the first place.

How long does it take for your record to clear after expungement? ›

Criminal Records may take at least one year to be expunged. If an individual's application is rejected, he/she may re-apply to the Criminal Records (Rehabilitation of Offenders) Board two years after the date of rejection.

In most instances, it takes about 30 days to schedule a hearing date after the petition for expunction is filed. The entire process usually takes from four to six weeks. If the court grants an expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy their records.

When the hearing takes place, the respondents will be allowed to attend the hearing and contest the expunction. This means that the respondents may get to make a case against granting an expunction. If the court believes that the defendant meets all of the requirements, the court will agree to grant the expunction.

In Texas, a Class C Misdemeanor may be removed from a person's record or “expunged” 180 days after the date of the person's arrest. Class A and Class B misdemeanors may be expunged after one year from the date of the arrest.

Crimes That Cannot Be Expunged in Texas

In fact, most offenses that involve children, sexual assault, and violent acts such as criminal assault, are not eligible for record sealing in Texas including but not limited to: Capital Murder. Indecency with a Child. Aggravated Kidnapping.

For DWI defendants, the “second chance” bill allows the defendant to seal their criminal record if they complete six months of sober driving with an ignition interlock device. HB 3016 also mandates they wait two years after their probation completes before they can ask for requesting the non-disclosure.

If you were charged with a DWI in Texas, the charge will always be on your record, even if you were not convicted – unless you have it sealed. A driving while intoxicated conviction stays on your record forever and. While it can never be expunged, it can be sealed, making it invisible for all intents and purposes.

You must petition the court, requesting the removal of the offense from your record. If you have complied with all required conditions such as serving jail time, community service hours, and paying fines and restitution, then the court will grant your petition.

These penalties include high fines, jail or prison time, and the loss of your driver's license. There are also many side effects or "collateral consequences" to a DWI conviction as well. This may include the loss of your job, problems getting certain professional licenses, and much more.

Does a DUI show up on a background check in Texas? ›

Yes — DWI charges show up on a background check forever in Texas. If the DWI was dismissed without probation, it is eligible for deletion through expunction. DWI convictions can now be sealed in certain circ*mstances with an order of nondisclosure.

The legal limit for blood alcohol concentration (BAC) in Texas is 0.08, however, prosecutors are not required to prove a BAC when seeking a DWI conviction. If the forensic evidence supporting a BAC is successfully challenged, the result is an automatic reduction from a Class A misdemeanor to a Class B misdemeanor.

A DWI charge does not disqualify a person from becoming a nurse in Texas. Thousands of healthcare professionals in Texas have overcome criminal charges. Avoiding a conviction is what matters most.

How Many Years Back Does a Background Check Go in Texas? In the state of Texas, criminal background checks generated by an employer can go back seven years into an applicant's criminal and personal history.

A Plea Could Reduce a Second DWI

DWI charges are often reduced if you, your attorney, and the prosecutor reach a plea agreement. For example, the prosecutor might reduce your DWI charge to a less serious offense – like reckless driving – if you agree to skip a trial and plead guilty.

In Texas, a first-time DWI is classified as a Class B misdemeanor. If you are convicted, you will face a fine of up to $2,000 and up to 180 days in county jail. However, this is only the minimum charge that can be brought against you.

In order to get your license back after a DWI in Texas, once the court-imposed penalties have been met, you can petition the Texas DPS to reinstate your driver's license. The process usually takes 2-3 months and requires payment of a reinstatement fee. An experienced DWI lawyer can help make this process easier.

Deferred Adjudication is only available for a DWI first-offense, if the incident did not involve an accident, and if the driver's blood alcohol concentration (BAC) was below 0.15. Commercially licensed drivers are barred from receiving Deferred Adjudication for any moving offense, including DWI.

How much does expungement cost in Texas? ›

Part of the expungement cost is the filing fee charged by the court, typically around $300, which is required for any record expungement or expunction. The average lawyer expungement cost for record expungement in Texas is around $1,500. Some lawyers charge upwards of $3,000 to expunge criminal records.

In Texas, expunction applies to: Class C misdemeanors resulting in deferred adjudication or. Offenses not resulting in conviction regardless of level, where charges were not filed, charges were dismissed, or the person was acquitted or pardoned.

Enquiries can be emailed to expungements@justice.gov.za or you can call our Call Centre on 080 002 0007. PLEASE NOTE: ENQUIRIES BY WAY OF ELECTRONIC MAIL IS THE PREFERRED METHOD OF CORRESPONDENCE. ALL SUCH ENQUIRIES WILL BE ATTENDED TO WITHIN 5 WORKING DAYS.

According to the Criminal Procedure Act, 1977, you can apply for your criminal record to be expunged when: a period of 10 years has passed after the date of the conviction for that offence, or as mentioned above, 5 years if you were 18 and younger at the time of the conviction.

Convictions resulting in a custodial sentence will always be disclosed on a DBS check, no matter how much time has passed. Cautions for non-specified offences that are more than six years old will no longer show on your DBS certificate.

The easiest and cheapest way to find out your criminal record is to apply for a copy of your police records from the Police.

While expunged records don't appear in most background checks, they may appear when an FBI check is conducted. FBI checks are done for jobs that deal with sensitive information or vulnerable populations. Examples of jobs that may require an FBI check include: Jobs in finance.

Class A or B misdemeanor, one year from the date of your arrest. Felony, three years from the date of your arrest.

If the Class A or B misdemeanor DWI charges are beyond the five-year point, you would then be able to purchase a gun legally in Texas. You would also be able to legally obtain a license to carry a handgun if your DWI conviction is over five years old and classified as a Class A or B misdemeanor.

Can a DWI be sealed in Texas? ›

If you were charged with a DWI in Texas, the charge will always be on your record, even if you were not convicted – unless you have it sealed. A driving while intoxicated conviction stays on your record forever and. While it can never be expunged, it can be sealed, making it invisible for all intents and purposes.

You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.

Both Texas law and federal law impose restrictions on gun possession and ownership if you have been convicted of a felony. If you have been convicted of a federal crime, like a third or subsequent DWI, DWI with Child, Intoxication Manslaughter, or Intoxication Assault, you cannot possess or own a firearm.

Texas and Federal Restrictions on Gun Possession

have been convicted of a felony (any crime with a potential punishment of more than one year in prison) or a domestic violence misdemeanor, regardless of the release date from incarceration.

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.

Other Consequences for a DWI Arrest or Conviction in Texas

Schools are required to conduct a background check on all applicants. With most positions receiving large numbers of applicants, it is likely that your DWI conviction will make obtaining employment as a teacher very difficult.

A person may obtain an expunction if no charges have been filed after a waiting period has passed: 180 days for Class C misdemeanors, one year for Class A and B misdemeanors, and three years for felonies.

Once you have filed the petition, it may take about 30 days to get a court hearing date. And after the expungement order has been passed, the government agencies can take up to 6- 12 months to clear out all their court records.