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. Learn more.
- How long does a DWI stay on your record in Texas?A DWI conviction is permanent. There is a common misconception that criminal convictions “fall off” of a person’s record after seven years. Criminal convictions, for DWI or any other charge, remain in government records forever.
- Can you expunge a DWI charge in Texas?A DWI charge that was dismissed before trial and without probation or a final conviction is eligible for an expunction once the statute of limitations has passed. Learn more.
- How long does it take to get your record expunged in Texas?It takes about 6 months to expunge a DWI, or any other eligible charge, in Texas.
How much does it cost to expunge a DWI in Texas?
Total price can vary, but an expunction typically costs a few thousand dollars. There are also filing fees and other court fees associated with expunctions. Conversely, an expunction is free if filed promptly after obtaining an acquittal at trial.
- How much is a DWI surcharge in Texas?There are no longer DWI surcharges in Texas. In 2019 the Texas Legislature repealed the Driver Responsibility Program. Learn more.
- Can I expunge my DWI record myself?It is legally possible in Texas for a person to draft and file an expunction, attend a hearing, and obtain a signed order from a judge. There are also businesses that offer easy expunctions to people.The safest and best way to ensure an expunction is properly drafted, filed, and obtained is to retain an experienced lawyer. Learn more.
How do you get a DUI off your record in Texas?
A DUI can be expunged and deleted if it was ultimately dismissed. The terms DUI and DWI are used interchangeably in Texas, but they are actually totally different offenses. DUI is only for minors under 21. DWI is for everyone else. Minors can be charged with DWI. Adults cannot be charged with DUI. Learn more.
- If a DUI is dismissed is it on your record?All charges remain on your record unless they are sealed or expunged. All DUI charges that were dismissed are eligible for expunction. Learn more.
- How long do you have to wait to expunge a DUI in Texas?The waiting period for expunging a DUI in Texas is 6 months. It is important to note that DUI and DWI are different, and the waiting period to expunge a DWI will vary depending on the reason for the dismissal and statute of limitations.
- How long after a dismissal can you get a DUI expunged?Once you become eligible to expunge a criminal offense, you are eligible forever. There is no window of time for expungement.
What crimes can be expunged in Texas?
All criminal charges can be expunged in Texas if dismissed without probation once the statute of limitations has run. Charges dismissed after completing Deferred Adjudication are likely eligible to be sealed through an order of nondisclosure.
- Can Obstruction of Highway be expunged?Obstruction of Highway charges are not eligible for expunction in most cases. Obstruction of Highway is sometimes offered to first-time DWI offenders — especially in Bexar County, Texas. More often than not, a person will enter a plea to Obstruction of Highway and make an application for Deferred Adjudication. After successful completion of probation the charge is dismissed. In these situations, a person is only eligible for an order of nondisclosure. If granted, the order will effectively seal the record.
Expungement in Texas
Expunctions are powerful court orders that direct all government entities to delete and destroy all records of an arrest and subsequent prosecution.
- What happens after an arrest?In Texas, every arrest results in a record being created. So, even if a charge is eventually dismissed, the charge remains on the record and must be expunged in order to be removed.
- Can DWI be expunged after Deferred Adjudication?The Texas Legislature passed a law in 2019 that allows first-time DWI offenders to apply for Deferred Adjudication in limited circ*mstances. Deferred Adjudication may be the best outcome in certain DWI cases, but this outcome prevents individuals from becoming expunction eligible. Learn more.
TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE
Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsem*nts, and positive results. Learn more.
I've delved deeply into criminal law and specifically the nuances of DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) cases in Texas. The key lies in understanding expunction, sealing, and the legal procedures involved in these processes.
Let's break down the concepts touched upon in the provided article:
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Expungement in Texas: It refers to the complete deletion and destruction of records related to an arrest and prosecution. It's a powerful legal order that erases the arrest record entirely.
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DWI and DUI Distinctions in Texas: While often used interchangeably, in Texas, DUI is specifically for minors under 21, and DWI is for adults. Minors can be charged with DWI, but adults cannot be charged with DUI.
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Expunging a DWI Charge: A dismissed DWI charge without probation or final conviction can be expunged after the statute of limitations has passed. However, a DWI conviction remains permanent on the record.
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Expunction Eligibility: Any charge dismissed without probation after the statute of limitations is eligible for expunction in Texas. Additionally, charges dismissed after completing Deferred Adjudication may qualify for sealing through an order of nondisclosure.
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Timeframe and Process: Expunging a charge typically takes around 6 months and may cost a few thousand dollars, although filing promptly after acquittal at trial can be free.
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Legal Representation: While it's legally possible to file for expunction independently, the safest and most effective route often involves hiring an experienced lawyer who specializes in criminal defense, such as Trey Porter, known for expertise in DWI defense.
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DWI Surcharge and Law Changes: The article notes that as of 2019, Texas no longer has DWI surcharges following the repeal of the Driver Responsibility Program.
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Obstruction of Highway Charges: These charges, often offered to first-time DWI offenders, might lead to Deferred Adjudication. Successful completion of probation could result in an order of nondisclosure instead of expunction.
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Expunction Process Importance: Every arrest in Texas generates a record, even if the charge is eventually dismissed. Thus, expunction is crucial to completely remove these charges from the record.
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Deferred Adjudication Impact: While it may be a favorable outcome in certain DWI cases, opting for Deferred Adjudication could make individuals ineligible for expunction.
With this comprehensive understanding, navigating the complexities of expungement, DWI/DUI charges, and legal options becomes clearer in the context of Texas law.
