Can I Get a DWI Expunged From My Record in Texas?
Some DWI defendants are eligible for record expunction or sealing.
Depending on the resolution, many DWI defendants in Texas are eligible for informal or formal record expungement (complete removal of the conviction record). Many other DWI defendants are eligible for record sealing, a similar form of relief, regardless of the disposition. Both expungement and sealing at least reduce, and more likely eliminate, the collateral consequences of a DWI conviction.
Prosecutors do whatever it takes to ensure that courts convict DWI defendants and those convictions haunt them for the rest of their lives. To avoid this outcome, a Ft. Worth criminal defense attorney leverages procedural, substantive, and affirmative defenses during pretrial settlement negotiations and at trial. The combination of preparation and tenacity usually produces the best result possible under the circumstances.
Informal DWI Sealing in Texas
Deferred adjudication probation may be the most common kind of expunction in DWI matters. Under state law, deferred disposition is available for first-time simple DWI (no collision and no minor passengers).
Deferred disposition probation is almost exactly like regular probation. Usually, the conditions, which normally include reporting to a supervision officer and attending alcohol counseling, are identical. When the defendant pleads guilty, the judge doesn’t utter the magic words “I find you guilty.” Instead, the judge defers that portion of sentencing until the defendant completes probation. Then, if the defendant had a good (not perfect) record, the judge dismisses the case.
The downside of deferred disposition is that, if the defendant seriously violates probation, the judge could sentence the defendant to anything up to the maximum allowed by law, which is 180 days in jail.
To reduce the likelihood of this outcome, a Ft. Worth criminal defense lawyer often files a motion for early termination of probation. Most judges seriously consider such motions if the defendant has completed at least a third of the term, has paid all restitution (if any), and has a very good record.
If a judge dismisses the court case, the arrest record remains. If anyone asks about that arrest record (and they probably will not), we advise people to say something like “I hired a Ft. Worth criminal defense lawyer and the lawyer took care of it.”
Formal DWI Expungement
Defendants are eligible for total expungement (complete erasure) if the DWI was dismissed for cause or a court finds the defendant not guilty.
There is a difference between a for-cause dismissal and a prosecutorial discretion dismissal. A for-cause dismissal means the state feels there’s not enough evidence to move forward. A prosecutorial discretion dismissal means prosecutors do not want to mess with the case or the defendant pleaded guilty to more serious charges.
Moreover, under Texas law, some DWI defendants are eligible for sealing regardless of the kind of probation they received. The minimum requirements include first-time DWI, BAC under .15, and successful (again not perfect) probation completion. A two-year waiting period usually applies.
Subsequent DWI defendants (second, third, etc.) are ineligible for any kind of expungement or sealing. So, during the pretrial process, a lawyer often agrees to stricter probation conditions if prosecutors reduce the charges from second to first DWI.
Work With a Dedicated Tarrant County Attorney
DWI convictions do not necessarily go on a person’s permanent record. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Virtual, home, and jail visits are available.