A DWI accusation is a serious issue, so serious that it could have long-term and sometimes permanent consequences on anyone accused. ‍

In addition to the risk of being imprisoned and the countless financial ramifications, a DWI arrest could hurt many other aspects of a defendant's life. Educational prospects could be lesser and certain professional careers could be out of the realm of possibility owing to an arrest for Driving While Intoxicated (DWI), also referred to as Driving Under the Influence (DUI) or drunk driving in other states.

A DWI record can be erased under specific circumstances according to the Texas Code of Criminal Procedure, section 55. Unfortunately, the opportunity to seal or expunge a DWI record isn't accessible to everybody. It's not available for offenders convicted of a DWI. The process of expungement can be intricate but the advantages of expunging a DWI record are usually worth the effort.

Every DWI case is different, and the circumstances and outcome will determine if an expunction or a non-disclosure is lawfully permissible. A skilled DWI lawyer can help you understand if your DWI is qualified for sealing or expunction.

Qualifying For a DWI Expungement in Texas

Although a DWI conviction cannot be expunged from your records, DWI arrests and charges can be removed if certain requirements are met. The most important of these factors for expunction is if or not the DWI arrest leads to a definitive conviction. Even though your lawyer successfully negotiates a lighter charge (such as a reckless driving charge), a conviction following a DWI charge renders expungement of any Texas convictions impossible. To be eligible for expunction, you should satisfy one of the following requirements:

The Case was Dismissed

If the court drops your DWI case, the accusations and detention in Texas are qualified for DWI expunction because they did not lead to a definitive conviction. The concept of "final sentence" also extends to charges that have been lessened or shifted.

For example, if your counsel is capable of reducing the charges against you to a Class-C traffic infringement and completing the dismissal conditions for those offenses, the initial DWI arrest could be expunged. However, convictions for "lessened" offenses like obstruction of a roadway or negligent driving will make your DWI inadmissible for an expungement in Texas. This includes any definitive sentence as a part of a plea bargain.

You Were Below 21 Years of Age at the Moment of Your Arrest

If the accused was detained as a minor for drunk driving but was not convicted of any other Texas Alcoholic Beverage Code violation (DWI, minor in consumption, or possession), they may be eligible for sentencing and arrest record expungement.

Citizens of Texas advocate for rehabilitation rather than punishment of juvenile offenders. Penalizing an offender as a grownup for a crime they perpetrated as a minor does not serve the goal of rehabilitation.

No DWI Charges Have Ever Been Filed

The public can see if you were arrested for drunk driving and are being held in police custody. Your arrest information will be visible to a landlord or a potential employer carrying out a background check on you. If a person was detained by the authorities but was never charged with a crime, they may be eligible for expungement of that record. An expunction will clear their record of your arrest. In addition, the court will grant you the right to refute the claims that you were detained for DWI.

You were Found "Not Guilty" in Your DWI Case

The arrest and allegations could be qualified for a DWI expunction in Texas when you dispute the allegations and obtain a not guilty ruling in court.

The Case was Deferred

As per Texas laws, a court could grant first-time defendants deferred adjudication probation, which allows them to serve their sentence without being convicted. If you finish your probation satisfactorily, you could be able to apply for a non-disclosure plea, which seals the records and restricts them from being made available to public entities.

How Long Does a DWI Remain on Your Record?

Texas doesn't have an allotted period for DWI conviction expungement, unlike other jurisdictions. This indicates that if you have been charged with and sentenced for a Texas DWI, the conviction will stay on the record permanently. If you have been accused of drunk driving, detained, and charged, you must contact an expert DWI defense lawyer as soon as possible. That's the only means of avoiding sentencing and having your record tainted permanently because of a DWI.

Advantages of DWI Record Expungement

Following a DWI expungement, a defendant may claim that they were never arrested. An individual whose record has been expunged isn't bound by law to reveal specifics of the DWI offense if asked under oath during a criminal hearing, but could simply state that the case has been expunged.

Criminal records are quite often required to be revealed during job, academic applications, as well as when applying for certain forms of public aid, like public housing or food stamps. However, when a criminal record is expunged, an individual may lawfully withhold those details.

Texas DWI Expunction Process

The steps to erasing your drunk driving felony records in Texas are outlined below:

  1. Fulfill the Requirements

You can not initiate an expungement request when:

  • You have charges pending against you

  • You did not show up for all of your court appearances after your arrest

  • You were on court-ordered probation (except if the offense was a class C misdemeanor in Texas)

To follow the guidelines, the statute of limitations on offenses resulting from your arrest should have expired, except if the charges were dismissed due to the following timing shortcuts:

  • The case was dismissed due to inaccurate information, an error, or a related reason demonstrating that there was no reasonable cause for you to contravene drunk driving regulations

  • It was called off

  • You've completed your pretrial diversion classes

To utilize the directives when the arrest did not result in a conviction, you need to fulfill the waiting time. If the state can still bring drunk driving allegations against you, you may not be eligible for a criminal record expungement. The required waiting period for filing an expungement petition, even if no charges have been filed, is:

  • Class C misdemeanor charges have a waiting period of 180 days

  • For Class B and A misdemeanors, the waiting period is 12 months

  • A felony charge will result in a three-year waiting period

The phrase "statute of limitations" refers to the time restriction within which the prosecution can take legal action against you. If you are charged with a misdemeanor offense, the time limit is two years since the day you committed the offense, whereas a felony requires a waiting period of three years. This statute of limitations can sometimes be extended.

The amount of time you stay out of Texas, for example, slows down the timeframe. It's a good idea to speak with a criminal defense lawyer who can help you figure out when your DWI case will be over.

You can submit a Motion for Expungement of Criminal Record provided you meet certain legal standards.

  1. Obtain a Copy of the Order of Dismissal and a Copy of Your Criminal History Record

You should obtain the following information to complete your application and seek expungement:

  • Your criminal record

  • Request a copy of the charge dismissal order from the jurisdiction clerk that dropped the case

  1. Fill Out Court Paperwork

This stage entails completing the following forms:

  • A Motion for Expungement of Criminal Record (Charges Annulled or Dropped)

Complete this form if you have been charged, the charge against you has been annulled or dropped, and the timeframe has passed.

Use blue or black ink to fill out this form. Other arrests, such as those in which no charges were filed against the accused and the deadlines had passed, are sought to be expunged on the petition application.

  • A Motion for Expungement of Criminal Records (Charges not Filed)

This form is used by a petitioner when no charges have been filed against them as well as when the timeframe has passed.

Ensure you use blue or black ink to fill out the form. To complete your petition, follow the steps outlined below. Every petition form must follow these guidelines.

Information About the Petitioner

The petitioner is the accused in this action. Don't leave any blank areas when filling out the required information. Include all aliases for the information, including any erroneous variations of your information found in the criminal history that you are aware of.

Details About the Arrest

Provide only the specifics of a specific arrest in this section. Fill in the accurate arrest date, state, as well as county. Write down the sheriff's department or law enforcement agency where you were held. It's worth remembering that this isn't the identity of the police officer who arrested you.

Write your physical address at the moment of the DWI arrest.

Information on the Charges That Have Been Filed As a Result of Your Arrest

Write the details of the offense along with the following details for all charges, whether pursued or not:

  • The reference number issued to the DWI offense

  • The day on which the DWI crime occurred

  • The time limit that pertains to your offense

  • The date on which your charges were dismissed

Make copies of your dismissal order and attach them to the petition.

Information about Your Other Arrests

Because you need to be a first-time criminal offender in Texas to qualify for a DWI expunction, you will forgo this step.

You are entitled to an Expunction Order for Arrest. You won't be able to utilize the paperwork to erase a criminal history if you don't match the qualifying conditions.

Agencies with a History of Arrest

All entities concerned with your arrest should be listed. Prisons, courts, magistrates, correctional facilities, prosecutors, as well as probation counseling agencies are all examples of these entities. Mention private corporations that provide criminal record details that you believe could have details about the arrest. If the offenders apply for state professional licenses, they need to additionally include the licensing agencies.

Private Organizations that Have Access to Your Arrest Information

Some private firms purchase arrest records. The firms should be urged to remove the arrest from their records. The identities of the companies should be listed in the petition for expungement.

Request for Relief

This lays out the accused's demands to a criminal court. The defendant needs to write their full names on the paper and fill it out properly.

Sign an Unsworn Declaration Under Penalty of Perjury

After you've written down all of the necessary information, sign your name. By signing this declaration, you certify that all of the details in your petition, as well as all exhibits, are accurate. You could be charged for falsifying any information.

Make two copies

Prepare two duplicates of the exhibits and expungement petitions that have been completed. One copy should be retained, while the other should be given to the prosecution.

Fill out the final form

When your case is finished, request the judge to approve the ending form. Fill out the necessary paperwork, but don't forget to leave blank spaces for the judge to sign.

  1. Analyze Your Forms

Before submitting the petition, you should speak with an expert criminal defense attorney regarding your DWI offense. The lawyer will not only analyze the expungement application but will also counsel you appropriately.

  1. Submit the Petition

File the completed request along with the other required forms. You could also hand deliver the paperwork to the clerk's office in the county where the purported drunk driving incident occurred. Make a payment for your application fee. The court clerk will then:

  • Record the court and Cause number on the first page of the petition

  • Stamp the files with the date and time

  • Keep the main copy and return the remaining copies to you

  • You need to retain a copy and give the prosecution the other

  1. Send the Prosecution a File-Stamped Copy of Your Expungement Petition

It should be sent by certified mail. Save the receipt as proof that you filed the petition to the prosecution and take it during your hearing.

  1. Plan a Court Proceeding

The court clerk will either issue the petitioner with a letter with details on the hearing place, time and date or will notify him or her of the date of the court hearing. The hearing will take place 30 days after the motion is filed.

In addition, the court will send a notice of the hearing to all of the entities specified in the motion. It could be sent by email or certified mail.

  1. Attend the Hearing in Court

Make sure to bring the following items to court:

  • Proof that you gave the prosecution your Additional Arrest Exhibit as well as the Petition for Expungement of Criminal Records

  • Instructions Ordering the Expungement of Criminal Records. The judge signs this order

  • Copies of the dismissal of the case

Maintain your composure in court till your case is summoned. You might have to persuade the court that you are eligible for DWI expungement. The judge will sign the order when the court decides to expunge your criminal arrest/conviction.

The court clerk will provide notice of hearing to those officials or government entities specified in the petition. These individuals are welcome to attend the proceeding. They will inform the court during the session if they do not want the records expunged.

  1. Send Your Signed Order to the Court Clerk

The case isn't officially closed till the clerk receives your Order Directing Expunction of Criminal Records that has been signed. Ensure the clerk gives you printouts of the same order. The clerk can ask you to pay.

Request that the court clerk send copies of this order to every agency and government organization listed in the petition. This order directs the entities to remove the criminal record from the public record. It's important to keep one duplicate of the order.

Instances of Ineligibility for DWI Expungement

If any of the following apply to you, you might not be qualified for an expungement:

  • There was a Plea Deal

If you were convicted on the reduced counts as part of a plea deal, the DWI could have remained on your criminal record.

  • The Statute of Limitations has Expired

The prosecution has a certain amount of time to take legal action against you under the statute of limitations. If this statute of limitations passes, the DWI count could remain on your record

  • The Statute of Limitations is Tolled

Once the prosecutor's time for pursuing legal action against you has expired, the prosecution no longer has the authority to pursue legal action against you for acts that led to your arrest.

Find a DWI Defense Attorney Near Me

The first step you should take if you've been arrested and charged with a DWI in Fort Worth or anywhere in Texas is to contact an attorney. Your charges may be dismissed, making the DWI expungement process considerably easier.

The Fort Worth DWI Defense Lawyer is committed to assisting individuals charged with DWI in avoiding a conviction or reducing the penalties. We invite you to talk to us about your case and see what we can do to have your DWI charges dismissed and your record expunged. Call us today at 817-470-2128.