A DWI case can have lasting consequences, affecting employment opportunities and housing applications. It can feel like a mistake from your past will forever define your future. But is there a way to truly have a fresh start? Although a DWI conviction can never be expunged in Texas, a DWI arrest record can be if the case was dismissed, you were acquitted, or you were never charged. The recent second-chance law, House Bill 3016, also allows certain first-time DWI convictions to be sealed from public view. Understanding the complex legal environment is the first step to reclaiming your future. This guide will also take you through the process, the requirements, and the benefits of expunging a DWI in Texas.

What is an Expunction?

An expunction is an order issued by a Texas court that requires records regarding an arrest to be destroyed. This is the most comprehensive process of clearing criminal records since it does not simply seal or conceal the information, as an order of nondisclosure does. An effective expunction means that the entire government apparatus of law enforcement, prosecution, and the court must physically destroy all documents, files, and data related to your arrest. This will give you a clean slate and an opportunity to start anew, free of the record.

An expunction does have an important legal impact on you. When the court grants this order, you can legally deny that an arrest occurred on employment, housing, or loan applications. This is an integral part of the law as it allows you to be honest that you are not under arrest, as one of the biggest hurdles to securing opportunities is often removed. This is the remedy offered by the law, so that an arrest without conviction does not permanently affect your future, letting you start anew.

This effective remedy stands out in contrast to other remedies, like an order of nondisclosure. Although a nondisclosure prevents a record from being seen by the general population, it remains present in government systems and may be accessed by some organizations, like law enforcement. On the other hand, an expunction erases the record and makes it inaccessible to everyone. This complete deletion of records makes expunction the most thorough and efficient way to get the arrest off your record and reclaim your reputation.

Strict Eligibility Rules for Texas DWI Expunction

A DWI expungement is a limited remedy. No matter whether you were on probation or deferred adjudication, you can not expunge a DWI conviction. This critical principle means that in the eyes of the majority, your DWI record will not be erased unless your case was processed in a peculiar manner that did not lead to a conviction.

To have your arrest record on DWI expunged, you must have successfully fulfilled one of the following restrictive conditions:

  • At trial, you were acquitted (found not guilty) — Once a jury or judge acquits you, you can go directly to the court with a petition to expunge the arrest records.

  • The prosecutor dismissed your case — This must happen for reasons other than completing a plea bargain for another crime. An example would be where the prosecutor drops your case based on inadequate evidence or a violation of your rights. In this case, you may seek an expunction.

  • The Governor of Texas pardoned you — A gubernatorial pardon, although rare, entitles you to an expunction.

  • The statute of limitations has lapsed, and prosecutors did not formally charge you — After some duration, the state becomes unable to press charges against you on the basis of that arrest.

  • You have successfully attended a pre-trial diversion program — These programs aim to lead to a dismissal and provide you with an explicit right to expunction at the program's conclusion.

The key takeaway is that an expunction is a solution to an arrest without a final conviction. In a DWI case, or where you have pled guilty to DWI, you are ineligible to receive an expunction. Although you could be entitled to a non-disclosure order, which would seal your record to most of the public, that is a separate and incomplete solution, because the record would remain in existence and be available to some government and law enforcement agencies.

A Detailed Walkthrough of the Step-by-Step Expunction Process

Expunging a DWI record in Texas is a multi-step legal process that involves first ensuring that you are qualified, then finally, the physical action of destroying your arrest records. It is a civil case against the state agencies that hold your record, and hence, it is imperative to proceed with every step in a specific order. While you can attempt to handle the process yourself, the process is usually complicated, and it is best to hire an experienced attorney to help you avoid the many pitfalls that may result in your petition being denied. Let us look at each step.

  1. Talk to a Lawyer to Make Sure You Are Eligible

The most important and first step is to meet with an attorney to check your eligibility for an expunction. A qualified attorney will be able to study your case's details, including the charges' outcome and the wait time involved. They can tell whether you meet one of the strict legal criteria, like being acquitted, having your case dismissed, or completing a pre-trial diversion program. This first visit will save you time and money on a process you are not eligible for.

  1. Petition for Expunction

Once your eligibility is confirmed, your attorney will prepare a formal legal document called a Petition for Expunction. This detailed petition should contain personal information, the exact details of the arrest, and the legal grounds of your request. It should also include a list of all the government agencies with records of your arrest, including the police department, the prosecutor's office, and the Department of Public Safety (DPS). Once it is prepared, it is submitted to the district court in the county where the arrest was made. You must also pay a filing fee, which varies by county.

  1. Give Notice to State Agencies

The second thing is to inform the appropriate state authorities of your petition formally. This is called service of notice and is a legal requirement whereby all parties that have documentation of your arrest are notified of your request, and they have time to respond. A certified mail will be sent to the agencies identified in the petition by the court clerk or your attorney, informing the agencies about the upcoming hearing date. This allows agencies to appeal the expunction if they believe you do not deserve it under the law.

  1. Appear at the Court Hearing and Accept the Order

The court will issue a hearing date, and your attorney shall appear before the court on your behalf. In the hearing, the judge will listen to the petition, and should it be his/her choice, he/she will listen to arguments between the state attorney and the petitioner. Your attorney will put forward evidence and arguments to prove you are eligible. Provided the judge is convinced that you satisfy the legal requirement, the judge will sign the Order of Expunction. This is the order that legally mandates your records to be destroyed.

  1. Ensure Agency Compliance

The last and most significant step is to ensure that all agencies follow the judge's order. The signed Order of Expunction is sent to all the agencies in your petition. These agencies must then, by law, destroy their record of your arrest within a specific time limit as stipulated by law. This consists of paper and electronic files. This cannot be done until all agencies are satisfied, your records have been expunged, and you have the legal right to deny that you were ever arrested.

The Alternative Way of Convictions: An Order of Nondisclosure (Record Sealing)

Order of Nondisclosure can provide a viable alternative to an expunction of a DWI conviction in Texas when you are unsuccessful at getting one. This court order seals your criminal record, preventing public entities from disclosing it to most of the public. It does not, however, physically destroy the record. This difference is very important. On the one hand, by concealing the record of potential employers, landlords, and the general public, on the other hand, the record remains and may be accessed by certain government agencies.

In 2017, Texas enacted a new law, commonly known as the Second Chance Law, which opened eligibility to Orders of Nondisclosure to some first-time DWI offenders. Until this, a DWI conviction was a permanent offense on your record. This legislation gave a highly anticipated solution, and qualified persons could have their records sealed. To qualify:

  • You must have been a first-time DWI offender

  • The offense must not have involved an accident with another individual

  • Your BAC at the time of the arrest also had to be below a specific level (0.15%)

A nondisclosure order does not completely erase your record. Law enforcement agencies like the police and the prosecutors can still access the sealed record. It may also be seen by some state licensing authorities and some applications, like seeking a professional license or employment with vulnerable groups. Thus, you may lawfully refuse the arrest to most privately employed companies and on a housing or loan application, but the history has not been completely erased. It is a good measure to overcome a significant obstacle to employment and housing, but it is not an actual expunction.

A Comparison of Expunction and Nondisclosure

Although expunction and nondisclosure are similar in that they are designed to allow you to wipe off a criminal record, these legal solutions differ significantly. Expunction is the stronger approach because it wipes out your record of arrest. Nondisclosure, however, is a more common remedy for convictions and only seals the record from public view.

Purpose and Effect

The essential distinction here is what becomes of the record itself. An expunction literally gets every record of an arrest destroyed by all government agencies. Once this is done, it becomes legally possible to deny that the arrest was ever made. This offers a clean start indeed.

Contrary to this, a record sealed by an Order of Nondisclosure is hidden from the general population, including most employers and landlords. The record is not destroyed as it remains within government databases.

Eligibility

Another critical distinction factor is the eligibility for each remedy. Expunction is limited to specific, non-conviction results, including cases in which you were acquitted, the case has been dismissed, or the statute of limitations has passed. Where there was a final conviction of DWI, you cannot expunge it.

An Order of Nondisclosure, on the other hand, is not uncommon in people with convictions, especially those with a first-time DWI who fit the rigorous criteria. This consists of a term of probation, which is completed, and conditions connected with the offense itself.

Accessibility

The accessibility of the record after the process is complete differs. With expunging, the record disappears. It is no longer accessible. The record is just sealed away with a nondisclosure. It is not publicly accessible, but can be accessed by law enforcement and some state licensing agencies. Therefore, while both offer significant benefits, an expunction provides the most complete relief, whereas a nondisclosure is a limited but valuable second chance.

Advantages of Expunging a DWI Arrest Record

There are many substantial advantages to expunging a DWI record in Texas, and it truly is a fresh start that can offer people who were arrested, even though not convicted, a real second chance. The most significant advantage is that an expunction means that you can legally and honestly declare in most applications that you have never been arrested. This is one of the strongest things that can change your life.

Regarding employment, it is important to note that you can freely seek jobs without the worry that some past DWI arrests will be visible in a background check. Most employers, even for jobs that do not involve driving, will reject potential employees with criminal records of any kind. Expunging your record will allow you to remove this obstacle and be evaluated based on your capabilities and competence alone.

Moreover, an expunction provides access to improved housing and financial opportunities. Landlords also do background checks of potential tenants, and a DWI arrest may complicate getting a lease. Having an expunged record, you can now show a clean sheet and have a better chance of receiving approved housing.

Similarly, if you are applying to borrow money or credit, an expunged record will ensure that a past arrest will not adversely affect your loan and financial position. The peace you enjoy with an actual, clear record enables you to press on without the stigma and practical obstacles of a past DWI.

What is the Cost of Expungement?

Expunging a record in Texas is not always a fixed fee and may depend on your case, the county of your arrest, and whether you hire an attorney. The total cost generally consists of two main items:

  • Court fees

  • Attorney fees

Court costs are mandatory, and they are remitted directly to the court. These charges may be about $200 or $400, but may be more depending on the county and the case involved. These charges generally comprise:

  • The initial application fee for the "Petition for Expunction"

  • Fees for certified mail charges to officially alert all state agencies holding your record

  • Fees for certified copies of the final Order of Expunction

These filing fees are usually non-refundable. If your petition is denied, you will not get your money back. A few courts might provide a fee waiver to those who can prove they cannot afford it, though you must submit a different form to request it.

While you can file for an expungement on your own, it is strongly advisable to hire a lawyer because the expungement may be complicated. The total cost often includes attorney fees, which can cost between $1,000 and $3,000. Some attorneys charge a flat fee to cover the entire process, while others charge by the hour. The overall cost may be determined by:

  • The number of arrests you are trying to expunge

  • The number of agencies that must be notified

  • Whether the state will challenge your petition, in which case your attorney would have to attend a contested hearing

Find a DWI Defense Attorney Near Me

When confronting the life-long effects of a DWI arrest, the most critical step in regaining your future is to understand your legal rights. Although the expunction route is quite tricky, it provides the most comprehensive remedy, as it wipes your arrest record. Another option that could offer a second chance in the case of a conviction is to have an Order of Nondisclosure that would keep the publicity of your record closed. It takes professional help to navigate all these convoluted laws.

Do not let a past arrest define your future. Knowing whether or not you are eligible and the most appropriate course of action is a critical choice, which can significantly affect your employment, housing, and overall quality of life. Talk with knowledgeable attorneys at Fort Worth DWI Defense Lawyer regarding the details of your case and whether you are eligible to receive expunction or nondisclosure. A professional assessment ensures you pursue the correct legal action and achieve a fresh start. Contact us at 817-470-2128.