We are often asked if a DWI conviction can be expunged in Texas. The answer is no. A conviction of any offense cannot be expunged and Driving While Intoxicated cases are excluded from eligibility for deferred adjudication, and subsequently sealing of the record.
However, your drunk driving charge can be expunged if the case is dismissed or you are found not guilty.
If a case is expunged it means all of the records of the arrest, and the case are deleted, erased, and destroyed. You can find out more about the process on our website.
In Texas, a person who completes a straight probation sentence is not eligible for expunction or non-disclosure. Other final criminal convictions cannot be erased from your criminal record.
Questions over expungement of a DWI
A DWI conviction can never be sealed or expunged. A jail or prison sentence cannot be removed from your record.
In some cases, our Fort Worth DWI defense lawyer can get a DWI reduced, or changed to a non-DWI offense like the obstruction of a highway. The lesser offense of obstruction of a highway is eligible for deferred adjudication. If a defendant successfully completes this sentence, his or her record can be sealed. Some waiting periods are applicable to a motion for non-disclosure, or sealing.
When You Can Qualify for a DWI Expunction
If you are convicted, you will not be eligible for DWI expunction but your record can be sealed in the following circumstances.
- A Not Guilty Verdict was Returned
- If your attorney fights your case and a not guilty verdict is returned, your arrest and charged may be eligible for expunction.
- The Case Was Dismissed
- If a judge dismisses your case in its entirety, both your arrest and charges are eligible for expunction because they did not result in a final conviction. An original DWI charge may be eligible for expunction if your criminal defense lawyer successfully reduces charges to a Class-C traffic violation and you fulfill all of the dismissal requirements.
- You Were Arrested as a Minor
- If you have just one drunk driving arrest and it occurred when you were a juvenile, your charges may be eligible for sealing as an adult if you fulfilled all subsequent court orders.
- Your Case was Deferred
Under Texas law, a judge may issue first-time offenders a deferred adjudication probation. In these cases, the defendant completes probation in the absence of a conviction. When your probation is successfully completed, you may be eligible for a petition of non-disclosure. This will seal your record and prevent it being released by public agencies. Law enforcement maintains a record of your activity even though the matter has been sealed.
If a defendant is ineligible for expunction and non-disclosure, there are two additional ways remain to try to clear your record, although the chances of success are low. You can try to win a pardon from the governor or president, which is very difficult to get. Second, you can file a writ of Habeas Corpus.
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