How to Expunge a DWI in Texas? 2024

When you work hard to build up a reputation, a career, and a life for yourself, it can be really life-altering when a mistake threatens to shake the foundations of everything that you have created. Thankfully, there is the option of getting certain charges wiped off your record. This can allow you to continue to exercise freedoms such as applying for jobs, serving in the military, and voting. In America, everyone deserves a second chance.

Sealing a Texas Criminal Record

Sealing a criminal record in Texas, also known as “non-disclosure,” means that the records of the arrest and any subsequent conviction are removed from public view. This includes the records kept by the court, the Texas Department of Public Safety (DPS), and the FBI.

Non-disclosure is the process of making a criminal record inaccessible to the public. This means that the records will still exist, but they will be sealed and not available to the general public. Only individuals who have been convicted of certain misdemeanors and have successfully completed deferred adjudication are eligible for non-disclosure.

Expunction is the process of completely destroying the records of an arrest and any subsequent conviction. It means that the records are removed from all databases, and your life will go on as if the offense never occurred. This is only available to those individuals who were acquitted, had their charges dismissed, or if their case was not billed by the grand jury.

Having a criminal record sealed or expunged can help an individual move on from their past mistakes. It can also make it easier for them to find a job, housing, or pursue other opportunities. It also means that when a background check is done, the records will not show up, and the individual can legally deny the existence of the records.

How to Seal a DWI Record in Texas

Sealing a DWI (Driving While Intoxicated) criminal record in Texas typically requires the following steps:

• Wait for the eligibility period. You must be aware of the eligibility period before applying to seal your DWI record. The waiting period can vary depending on the type of conviction, whether it is a misdemeanor or felony, and whether you have prior DWI convictions.
• File a petition. Once you are eligible, you must file a petition to seal your DWI record with the court that handled your case. You will need to provide the court with a copy of your criminal history and any other relevant documents.
• Notify the district attorney. Once you file the petition, you will need to notify the district attorney and any other interested parties about the petition.
• Attend a hearing. The court will schedule a hearing to review the petition. You will need to attend the hearing. It is highly recommended that you have a criminal defense attorney represent you. At the hearing, the court will consider the petition and any evidence presented by the district attorney and yourself.
• Obtain a court order. If the court grants the petition, it will issue an order sealing your DWI record.
• Notify the relevant agencies. Once you have a court order sealing your DWI record, you will need to notify the relevant agencies. These will include the Texas Department of Public Safety (DPS) and the FBI. This will ensure that your record is sealed in their databases as well.

The laws and procedures for the sealing and expunction of criminal records can be complex and are subject to change.

FAQs About Expunging a DWI in Texas

How much does it cost to file for expungement in Texas?

The cost of filing for expungement in Texas can vary depending on the specific circumstances of your case and the court in which you are filing. In general, the cost can include:

• Filing fees (typically ranging from $50 to $250)
• Service of process
• Fingerprints for a background check (around $10 to $20)
• Certification fees for a copy of the order of expungement
• Attorney’s fees (depending on the hourly rate)

How long does it take for a DWI to come off your record in Texas?

The length of time it takes for a DWI (Driving While Intoxicated) to come off your record in Texas depends on whether you are seeking to have your record sealed or expunged.
For non-disclosure:

• Misdemeanor DWI Conviction: The waiting period is typically five years after the completion of your sentence.
• Felony DWI Conviction: The waiting period is typically ten years after the completion of your sentence.

For expunction:

• DWI Acquittal, Dismissal, or No-Bill: You may be eligible to have your record expunged immediately.

What cases can be sealed in Texas?

In Texas, certain criminal cases may be eligible for sealing or expunction. This means that the records of the arrest and any subsequent conviction are removed from public view and are not accessible to the general public. Cases that can be sealed or expunged in Texas include:

• Acquittals
• Dismissals
• No-billed cases
• Deferred adjudication
• Certain misdemeanors

It is important to note that some offenses, such as sexual offenses, certain violent crimes, and some DWI offenses, are not eligible for expunction or non-disclosure.

Do I need a lawyer to expunge my record in Texas?

It is technically possible to expunge a criminal record in Texas without the help of a lawyer. However, it is highly recommended that you hire a criminal defense DUI attorney to guide you through the process. An attorney can:

• Advise you on your eligibility for expunction.
• Determine the specific laws and regulations that apply to your case.
• Guide you through the necessary legal steps.
• Help prepare and file the necessary paperwork.
• Notify the relevant agencies and the district attorney’s office.
• Represent you at any hearings.

The Law Office of Joseph Ruiz, PLLC: Your Expungement Lawyer

The Law Office of Joseph Ruiz, PLLC, can advise you on the specific laws and regulations that apply to your case. We can also help you navigate the legal process of expungement. Schedule a consultation with our office today to learn how you can put mistakes from the past behind you.