In general, DWI convictions are not eligible for expunction, as is the case for a conviction of any offense in Texas. The same is true for DUIs, and in Texas, these stay on your criminal records forever.
These records are available to the public. This means that it’s accessible through simple background checks by companies or any individual who has your name.
Expungement will delete these records, but can a DWI attorney help you if Texas doesn’t allow it? You have to meet certain qualifications first. Keep on reading to see if you qualify.
Your Case Got Dismissed
If the court dismisses your case, you won’t receive a final conviction. Still, your arrest will stay on the record.
The good news is that you’re eligible to get your arrest and charges expunged if your case got dismissed. However, you will only be successful if you don’t have another conviction out of the same arrest. You should not have a felony, as well.
You Received an Acquittal
You can take your DWI case to trial to get out of it. If the court finds you not guilty, you won’t get charged.
However, records of your arrest and trial will still be available. If you win in the trial, though, you can get these records expunged.
There Were No Filings
Once you get arrested for DWI, it goes on your public record. This will then be available for anyone to see.
However, you can get the arrest record expunged if there is no actual charge filed against you. If you didn’t get charged for a crime, you qualify for expungement of your DWI arrest, deleting it on the record. This means you can also enjoy the privilege of denying your arrest.
You Were a Minor
Your DWI charges might be eligible for sealing if you got only one drunk driving arrest while you were still a minor. In the eyes of the law, a minor is anyone below 21 years old.
Provided that you fulfilled all court orders and did not have other violations under the Texas Alcoholic Beverage Code, you might be eligible to expunge your arrest and conviction. This way, you can leave your juvenile mistake in the past.
You Got Pardoned
If your case is not eligible for expunction, there’s almost no way to get your DWI arrest and charges erased from the public record. The only ways left have low chances that they might not worth trying out at all.
Still, you might be able to win a pardon either from the governor or the president. You’ll have to be pretty determined, though, and with a solid case.
Get Help From a DWI Attorney
Still not sure whether you’re eligible for expunction? The best way to see if you qualify is to go to a DWI attorney in Austin.
Every DWI case is unique, so you may not know for sure until you ask a Criminal Defense attorney Austin. If you need any help with your case, don’t hesitate to reach out to us today.