Can You Get a DWI Expunged in Texas?

Texas has restrictive expunction laws compared to some other states. Getting a DWI charge removed from your record is, therefore, difficult unless you’re acquitted of the crime, or it’s dismissed.

That is why it is highly beneficial to work with an experienced DWI lawyer when you’re facing DWI charges in the Lone Star State.

That means you are only eligible to request an expunction for a DWI if you were acquitted of the charge (found not guilty) or it’s thrown out of court. If you were convicted of the DWI, Criminal Code Section 55.01 does not allow the sealing or an erasure of the crime.

However, a first-time conviction for DWI may be sealed in Texas through an Order of Nondisclosure – as long as the defendant completes a court-ordered community supervision program (including mandatory rehab) or confinement program.

Non-disclosure and expunction basically differ in how the record is removed from view. Expunction clears your record, while a non-disclosure (seals or does not disclose) your criminal history. Expunction or an expunction permanently removes entries of your criminal record. 

If you’re acquitted of a DWI offense or do not have to serve probation for your crime, you can get your record expunged immediately. That is why you should align yourself with a DWI lawyer who can take the appropriate measures to defend you and ensure your personal and professional reputation remains intact.

The waiting period to submit a non-disclosure for a misdemeanor DWI conviction is usually five years after you complete your sentence. Litigants who are convicted of a DWI felony must wait ten years to file an order of nondisclosure for a DWI felony.

Why You’ll Need the Help of a DWI Attorney

To ensure your file is expunged or sealed, it’s best to seek legal help. Your attorney can:

• Advise you on the eligibility requirements for expunction or non-disclosure
• Determine what laws apply to your case
• Guide you through the required legal process
• Serve as your representative at court hearings

Hiring a DWI lawyer to handle your expunction petition greatly improves the chances of approval. That is because filing and processing the paperwork is quite involved, if not extensive.

The Expunction Process

To file a request for expunction, you must include the following details in your petition within 30 days of your acquittal for dismissal:

• Your identifying info – name, sex, race, birth date, driver’s license number, social security number, etc.
• The details of the DWI incident
• Arrest date
• The date the DWI charges were filed
• The Texas county or municipality where you were arrested
• The law enforcement agency supervising the arrest and its name
• The court or case number

After the petition is submitted, the court will schedule a hearing to review the information. Applicable agencies, including the prosecutor’s office, are also given notice of the hearing and hearing date. They are allowed to argue against the expunction or attend the hearing as respondents.

If the court decides that you meet the necessary requirements for an expunction, they will grant the petition. 

It’s important to understand that an expunction does not happen overnight. The total legal process may take as long as six months to complete. Once the court grants the expunction, it may take law enforcement agencies up to six months to destroy the records completely.

Furthermore, if you would like more information about how a DWI can get dismissed, you can find more information about it here.

Contact a DWI Lawyer in Texas Today

In Texas, learn more about expunging your DWI case by contacting the Law Office of David D. White, PLLC. Give the firm a call or fill out the contact form online anytime, day or night.