Someone who has been convicted of a DUI invariably will often ask: can a DUI be expunged? The law regarding DWI expungements is complicated in Texas.
If you were convicted of a DWI/DUI then no, you cannot get it expunged. It will remain on your record.
However, if you were arrested for a DUI, there may be some conditions that allow you to get it expunged. Here’s a look at how to get a DUI expunged in Texas from an experienced DWI defense lawyer.
Conditions for DWI Expungement
Even if your criminal defense attorney gets the prosecutor to agree to a lesser charge, any conviction after a DWI arrest will make the ability to expunge your Texas record impossible.
However, if your case meets one of the following criteria, then you have a chance:
- Your case was dismissed: If the judge dismisses the DWI or DUI completely, the arrest and charges may be eligible to be expunged since there was no final conviction. If your attorney successfully argued for a reduced charge and that was dismissed, then the ability to get an expungement still exists.
- You were arrested as a minor: In the event your first and only DUI arrest occurred when you were a minor and you fulfilled your court orders as required, you may be able to have your record expunged as an adult.
- There was a not guilty verdict: If you plan to fight your case and are successful in getting a not guilty verdict in the court, then your DWI arrest and charges could be eligible to be expunged.
- The case was deferred: Judges in Texas have the authority to issue a deferred adjudication probation for first-time offenders. This means that in the absence of a conviction, the accused will complete probation. Once you’ve successfully completed your probation, you may be eligible for something called a petition of non-disclosure.
- You appealed and won: If you successfully appealed your conviction, you can apply to have your record expunged.
Petition of Non-Disclosure for DWIs in
In 2017, a new law went into effect in Texas that makes some people eligible to file a petition for non-disclosure that will get the charges sealed. While sealed from some people’s view, the charges will still technically remain on your record.
In order to be eligible to have your records sealed, you must be:
- A first-time offender;
- Not convicted of or received deferred judgment for another crime;
- Not boating or flying while intoxicated;
- Have a BAC below 0.15;
- Completed all terms of probation and sentence, including restitution; and
- DWI cannot involve any accident with another person, even a passenger in your vehicle.
If you meet the qualifications, you may be eligible for the non-disclosure after a certain amount of time, which will vary based on the circumstances of your conviction. If you were not required to have an ignition interlock device, then this will be the fifth anniversary after probation is completed. If you did have an interlock, it’s the second anniversary of completing probation.
In the event you were sentenced to serve time or paid a fine and were given credit for time served, the waiting period is different as well. Your Waco criminal defense attorney can explain which waiting period applies to you.
Contact a Waco DWI/DUI Defense Attorney
If you have questions about how to get a DUI expunged in Texas, reach out to an experienced Waco criminal defense attorney at The Law Office of Simer & Tetens. Contact us online or call (254) 412-2300 to schedule an initial consultation.