DWI Expungement Texas
Can A DWI Be Expunged In Texas
Since criminal records are often public records in Texas, anyone can run a background check on you to see if you have ever been arrested, charged or convicted. This can be a potential employer, an insurance company, financial institution, a landlord and more. You can find it difficult to move on with your life after your arrest because of this. However if you qualify, you can file a request to have your records sealed so they cannot be discovered by the public.
Eligibility For Expunction
People who were arrested for a DWI but were not formally convicted are eligible to have their DWI records expunged. You need to meet the following qualifications for expunction:
- You were under 21 years old when you were arrested for DWI: If you were a minor when you were arrested for a DUI and had not been convicted of any other violation under the Texas Alcoholic beverage code, you are eligible for expunction
- Your DWI case was dismissed or you were not found guilty: Courts can dismiss DWI cases for many reasons such as faulty breathalyzer or police lack of probable cause for pulling you over and so on. You can also be found not guilty for a DWI. But in both situations your DWI arrest records still remain open to the public which you can seek to change.
- No DWI charges were filed: Your arrest record can be expunged if you were arrested for a DWI but no charges were ever filed. Once your arrest record is expunged the law gives you the privilege to deny you were ever arrested for DWI.
- You won your appeal: If you appealed your DWI conviction and won, you are eligible for expunction. That means all the records of your arrest, trial, conviction, and appeal will be removed and you can also say that you were never convicted for a DWI.
You can also get your records expunged if you were convicted but were pardoned by the governor. Talk to an experienced expungement lawyer your DWI case dismissed or have your records expunged.
HB 3016 And Non-Disclosure
HB 3016 is a new non-disclosure law that allows some individuals that were convicted for nonviolent first-time DWI offenses to request for their records to be expunged. People who qualify under HB 3016 can request for an order of non-disclosure, which is a type of expungement that seals criminal records. Sealed records are not part of the public record and can only be accessed by government agencies, law enforcement, and government employees, but not civilians. This is because these sealed records are maintained in federal and state databases.
Requirements To Qualify For Sealing Of Your DWI Conviction
You qualify to apply for expungement under HB 3016 even if you were convicted of a DWI before September 1, 2017 when the law became effective. Your records may be sealed if:
- The DWI conviction was your first and only DWI conviction
- You were never convicted of another crime
- Your blood alcohol concentration (BAC) was not above 0.15 percent
- Your DWI case did not involve an accident where another person got injured
- You completed all terms of your probation or criminal sentence or both
