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Expungement is a legal process that removes an arrest or criminal charge from your record after a specific period of time has passed and certain requirements have been met. Once a record is expunged, it’s erased from public view, meaning it won’t show up on background checks for jobs, housing, or professional licenses.
If you’ve faced a DWI arrest in Texas, you may be wondering whether this option is available to you. A DWI conviction can follow you for years, affecting employment opportunities and other parts of your life. So, can you get a DWI expunged in Texas? The answer isn’t a simple yes or no. Keep reading to understand your possible options.
Key Takeaways
- DWI convictions in Texas are generally not eligible for expungement.
- You may qualify for expungement if your DWI case was dismissed, you were acquitted, or you were never formally charged.
- If you aren’t eligible for expungement, you may still be able to have your DWI sealed instead.
- A San Antonio DWI lawyer can review your case and determine the right path forward.
Can a DWI Be Expunged in Texas?
If you were convicted of a DWI in Texas, you generally cannot have it expunged. Texas law specifically excludes DWI convictions from standard expungement eligibility because of the serious safety concerns involved.
However, if your case was dismissed, you were acquitted at trial, or charges were never formally filed, you may qualify for an expungement since there was no actual conviction.
You may also have better luck having your record in Texas sealed instead of expunged. Sealing your record (officially called an order of non-disclosure) hides your DWI from most public background checks. This includes those by private employers, landlords, and colleges. However, the record still exists, but it’s only accessible by government agencies, law enforcement, and certain professional licensing boards.
Eligibility for DWI Expungement in Texas
While most DWI convictions cannot be expunged in Texas, there are limited situations where expungement may be possible. Certain Texas DWI expungement requirements must be met.
Under Texas law, an expungement may be available when:
- No formal criminal charges were filed after an arrest
- The charges were filed but later dismissed by the prosecutor
- The accused was tried in court and found not guilty
- The conviction was later pardoned by the governor or the president
- The offense occurred while the person was a juvenile and met the state’s expungement criteria
- The accused completed a pretrial diversion program, and the charges were dismissed
- The arrest resulted from identity theft or mistaken identity
The Second Chance Law for First-Offense DWI
Texas also offers relief for certain first-time DWI offenders under the Second Chance Law. This law allows some offenders facing first-time DWI convictions to have their DWI records sealed instead of erased.
To qualify for record sealing under the Second Chance Law, the following conditions must be met:
- The offender has no prior criminal convictions or deferred adjudications other than fine-only traffic violations.
- All sentencing terms, fines, and probation requirements were completed successfully.
- The offense did not involve an accident causing injury or property damage.
- The blood alcohol concentration (BAC) was below 0.15 at the time of the arrest.
- An ignition interlock device was used for at least six months, when required by the court.
- The required waiting period after probation completion has passed, typically two to three years if an interlock device was used, or five years if not.
How to Expunge a DWI: The Expungement Process in Texas
If you determine that your DWI case is eligible for expungement, the expungement process involves several important steps. Here’s what you need to know about pursuing a DWI expungement:
- Hire an Attorney – Working with an experienced San Antonio criminal law attorney can improve your chances. Your attorney will look at the specifics of your case and guide you towards the right path.
- File a Petition – Your lawyer can file a petition in the court where your case was heard. The petition must include specific information about your arrest, the DWI charges, and why you’re eligible for expungement. Filing fees vary by county but typically range from $200 to $400.
- Attend the Expungement Hearing – A judge will review your petition and may hold a hearing. Your attorney will present evidence that you meet all eligibility requirements.
- Get the Records Cleared – If your petition is granted, you’ll receive an order to send certified copies to all agencies that received notice of your petition, directing them to destroy or return all records.
Expungement Waiting Periods
Keep in mind that for standard expungement cases, waiting periods apply before filing. Class C misdemeanors require a 180-day wait from the date of arrest if no charges were filed. Class A or B misdemeanors require one year, and felony DWI charges require three years.
When someone is acquitted, there is typically no waiting period. For those who want to seal their DWI record under the Second Chance Law, the waiting period is two years after completing probation with an ignition interlock device, or five years without one.
Get Help With Your Texas DWI Expungement Case Today
A criminal history can affect nearly every part of your life, but there are legal options that may help you clear or limit the impact of past DWI offenses. Understanding Texas DWI penalties and exploring whether your charges can be dismissed or your record sealed is an important step toward protecting your future.
An experienced San Antonio criminal law attorney can review your case, guide you through the process, and make sure all forms and petitions are properly completed to maximize your chances of a favorable outcome.