In the state of Texas, if you were convicted of a DWI, then it is not possible to have the conviction expunged from your criminal record. This could make it difficult for you to get a job, rent an apartment, or do anything else that requires a background check. This may seem alarming, but with the proper legal advice, you could find ways to have the DWI hidden from public view.
Additionally, if you were arrested for a DWI, but never actually faced a conviction, then you may be able to have the charge expunged from your criminal record. According to Texas Code of Criminal Procedure §55.01, you may qualify for a DWI expunction if:
- You were acquitted of your DWI
- You were a minor at the time of your arrest and charged with DUI
- The DWI charge against you was dropped or never filed
- Your DWI case was dismissed
- You successfully appealed your DWI conviction
- You completed a pretrial diversion or pretrial intervention and the DWI was dismissed
To have the DWI removed from your arrest record, you will need to file an expungement petition. A criminal defense attorney can discuss the process for filing an expungement petition with you, then help to fight to have your criminal history erased.
How to Qualify for a DWI Record Nondisclosure
If you do not qualify for an expunction under these conditions, you may still be able to seal your conviction under the following circumstances:
- The DWI is your first criminal offense.
- Your blood alcohol content (BAC) was below 0.15.
- Your DWI did not involve an accident with another person.
How DWI Nondisclosure Works
It used to be impossible in Texas to seal a DWI. This made it difficult for some people to pass background checks, which made it hard to receive loans or impress prospective employers. However, Texas law has changed because of Texas House Bill 3016, which allows for the nondisclosure of convictions for first-time criminal defendants. Thanks to this new regulation, first-time offenders have the chance to seal their DWI records.
Although this law was first enacted in 2017, it applies retroactively to DWI cases before this time as well. If you have had a DWI hanging over your head for years, you now have options to move forward that you may not have had at the time of your arrest or conviction.
When You Are Eligible for DWI Nondisclosure
If you are eligible for a nondisclosure, you can seek one in the years after you complete your probation period. If you were sentenced to probation, you may be eligible to seek nondisclosure two to five years after you successfully complete your sentencing period. If you were sentenced to jail time (including time served), then you may be eligible for DWI nondisclosure three to five years after completing your sentence.
Once your waiting period has passed, you should contact a law firm that has experience in DWI nondisclosure as quickly as possible. This will ensure that you get back to your preferred way of life as quickly as you can.
Benefits of Hiring a Lawyer from Our Team for Your DWI Expunction
We are committed to keeping the public records of our clients as favorable as possible. We have experience handling a variety of criminal cases, both felonies and misdemeanors. If you face a criminal charge or criminal conviction, then you will want to know that the people who are fighting on your behalf have the experience to ensure that your criminal history is as positive as it can be.
How a DWI Lawyer from Our Team Will Fight for You
A DWI lawyer in Houston, TX from Blass Law can walk you through your options for getting your arrest or conviction expunged or sealed. We understand that a DWI can derail your life and have a great impact on your career, relationships, and happiness. We will fight to ensure that your criminal history accurately reflects who you are as a person, which will make your public record to a potential employer or anyone else who needs to run a criminal background check on you, positive.
We are here to protect your rights and reputation as we look out for your best interests.
We will investigate the circumstances of your DWI arrest and use the evidence we uncover to seek the best possible outcome for your case. Some evidence includes:
- The breathalyzer or blood test results
- The incident report and videos to see if the officer followed all protocols for a DWI arrest
- Witness testimony to see if other drivers or passersby can add helpful facts the officers may have “omitted” from their reports or recollection of the events
Our Values
We value open communication and transparency, and we will always explain the important aspects of your case to you. If you decide to work with us, you will know what to expect in your criminal case and what you are getting from your Houston criminal defense lawyer right away.
Call Blass Law Today
Jay Cohen is an aggressive defender of people’s rights and has had years of experience as a criminal defense lawyer. At Blass Law, we have always been on the side of our clients as they try to put their lives back on track.
Do not let a DWI remain on your permanent record for a moment longer than it needs to. The sooner you give us a call, the sooner we can get started defending your rights. Reach out to Blass Law today to find out more about how we will fight for your rights and how you can get a DWI expunged from your record.