A DWI conviction on a record might impact employment opportunities, housing options, and even the holding of specific licenses. In Texas, expungement is the legal process by which one can have certain criminal records erased, although eligibility for this in the case of a DWI is limited.
In this article, we will explore the eligibility requirements for DWI expungement, alternatives like non-disclosure, and why seeking help from a Houston DWI attorney is good for you.
DWI Expungement in Texas Explained
Expungement is a process in Texas that removes records related to criminal charges, effectively clearing the record. This is a relief option for some individuals, but Texas is strict on DWI expungements. For most individuals convicted of a DWI, expungement is not an option.
The primary cases eligible for expungement involve situations where a DWI charge did not result in a conviction, such as cases where the individual was acquitted, or the charges were dismissed.
If a DWI case was dismissed or ended in acquittal, expungement could be possible.
This includes cases where the prosecution dropped the charges or where a court found the defendant not guilty. These situations allow an individual to petition for expungement to remove the record entirely.
Eligibility for DWI Expungement
Eligibility for DWI expungement requires specific circumstances. A charge must not have resulted in a conviction. Additionally, individuals who completed pretrial diversion programs that led to case dismissal could be eligible. However, once convicted, a DWI cannot be expunged in Texas.
There is also a waiting period involved in filing for expungement. The individual must wait until the statute of limitations expires or until the case reaches final disposition. Only after the waiting period can they petition for expungement.
The Difference Between Expungement and Non-Disclosure (Record Sealing)
Texas provides an alternative to expungement called non-disclosure. It is often available to first-time DWI offenders who meet specific criteria. Non-disclosure, or record sealing, restricts access to the DWI record. This means that it is unavailable to most private employers and individuals. Law enforcement and certain licensing agencies, however, retain access.
Non-disclosure does not completely clear the record but offers protection from public disclosure. It is often available for first-time DWI offenders who completed probation and avoided further legal issues. While it does not fully remove the DWI, it can provide a level of relief and privacy.
Why Hiring a Houston DWI Lawyer is Important For Your Case
Texas expungement laws involve extensive paperwork and court procedures. It is very difficult to handle alone. A Houston drunk driving attorney can help manage every step of the process, avoiding mistakes and ensuring compliance with legal requirements.
If you’re looking to clear your record or explore options like non-disclosure for a DWI in Texas, the legal team at Tad Nelson & Associates is here to guide you. Our experienced Houston DWI lawyer can help you work toward the best possible outcome for your case. Contact us today at 281-502-2122 to schedule a consultation.
