Today I’m gonna answer the question: “Can a DWI be expunged or cleared from my record in Texas?”
Now a lot of people ask can and DWI be expunged or sealed.
Those are two different things and I’ll talk about them.
So, the first thing we look at is the outcome of the case.
If the case was just completely dismissed, or if you went to trial and you were acquitted, the DWI can be expunged.
For a long time cases that were handled through probation or jail time, or deferred adjudication could not be cleared from the record at all.
Fortunately, the law has changed, so DWI cases even if they resulted in a conviction which is being found guilty, some of those cases can be cleared or sealed through an order of nondisclosure.
Now, determining whether you’re eligible is a process where we have to look at what happened in your case, what was the outcome?
We look at things like was there probation? Did you complete the probation? Did the probation involve a breathalyzer device in your car or something called an Intoxilyzer? And how long did you have that device?
There are a lot of factors that determine whether you’re eligible for an order of nondisclosure for record ceiling and what the waiting period is.
DWI cases do have a waiting period. So if you had probation, you completed it, you’re probably not eligible right when you complete that probation.
There’s probably a waiting period.
And the waiting period can range from two to five years.
Sometimes it can be shorter. It all depends on the specific details of your case.
But in short, yes. A DWI can be expunged or sealed from a criminal record, just depending on the outcome of the case.
If you want us to take a look at your case, give us a call.
We’ll go through the details of your specific charge and we’ll figure out if you’re eligible for expungement or a nondisclosure.
And if you’re not eligible for either one of them, we’ll tell you that upfront.
We don’t move forward with expungements or non-disclosures when someone’s not eligible.
We do all our research ahead of time. And we’ll be happy to do that for you.