Houston DWI Attorney: Is It Possible To Expunge A DUI In The State Of Texas?
It is important to understand that a DWI conviction in itself can never be expunged, however, a DWI or DUI arrest and some other verdicts can if specific requirements are met. One of the most essential elements is whether the DWI arrest resulted in a finalized conviction. While it is possible for an attorney to lessen the charges, any conviction following a DWI arrest is going to be impossible to expunge in the state of Texas. The following is going to explain how to remove DWI or DUI charges from your record as long as certain requirements are met. A DWI Attorney Houston professional at the Butler Law Firm is available to speak with you about your DWI or DUI case. Legal representation is always important.
How To Qualify For A DUI Or DWI Expungement?
1) If your case was dismissed by the judge, the charges and arrest can be expunged as the case did not result in a final conviction. A final conviction also applies to any reduced or shifted charges. An example of this would be if your attorney was able to reduce the charges to a Class-C traffic violation, and the case is ultimately dismissed, the original arrest may be expunged. However, if that same case was found guilty on reduced charges, there is no way to expunge the DWI from the records. The same is true for any final conviction that was the result of a plea deal.
2) If you plead not guilty and receive a not guilty verdict in court, you have the ability to expunge your DWI arrest and charges in Texas.
3) If you are arrested as a minor for your first DWI charge and are able to fulfill all court orders, you may be able to have the record expunged as an adult.
4) You may have a case that is deferred according to Texas law, this is ordered by judges for some first-time offenders, in which there is an absence of a conviction. If the probation is completed to the court’s satisfaction, you may be eligible to ask for a petition of non-disclosure, which will seal the record from being released by public agencies.
How To Get A DUI Record Expunged
Criminal background checks have become a way of life and it is almost impossible to avoid them. You will have a check run when you apply for a new job, apply for a loan or mortgage, or even move into a new apartment. Many colleges and graduate schools now ask for a criminal background check. However, Texas law allows individuals to have an adult criminal record cleared in specific circumstances. An example, if a Texas courtroom found you not guilty, it is possible to have the arrest and case fully expunged. In addition, if the court dismissed the case, you can have the arrest record expunged. Lastly, if you appeal a conviction and the Texas Court of Criminal Appeals offers an acquittal, the record can be expunged. The state of Texas considers these procedures an act of Expunction. To hire a DWI Attorney Houston professional click here.
Asking For A Petition For Non-Disclosure
The only other option an adult individual would have to clear a criminal record in Texas is to ask for a petition for Non-Disclosure. A petition of non-disclosure is offered to individuals who have completed a deferred adjudication probation. When an individual is able to complete the adjudication probation and secures a petition for non-disclosure, they can have the offense sealed. If you are able to secure either a non-disclosure or an expunction, you have the ability to deny being arrested, with the exception of specific criminal proceedings. This means that under the laws of Texas, you will not have to state you were arrested when filling out for a job, loan, or housing if you have a non-disclosure petition or an expunged record.
Eligibility For Expunction And Non-Disclosure
If an individual completes straight probation they will not be eligible for non-disclosure or expunction. In addition, any other final criminal convictions will not be erased from a criminal record. For example, it is not possible to have a DWI conviction sealed or expunged. If you were given jail time by the court, this is a final conviction that cannot be expunged or sealed. If you are not eligible for non-disclosure or expunction, there are still two ways available to try and clear a record. You may try to win a pardon from the governor or president. However, it is very difficult to win a pardon of this level. The only other option you have is to file a writ of Habeas Corpus, and in this case, it is best to seek assistance from the best DWI attorney Houston has to offer.
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