How To Expunge A DWI Charge In Texas

In this article, you can discover…

• Whether a DWI charge can be expunged in Texas.
• How long this process can take and what to expect.
• What to do if your petition for expunction is denied.

What Are The Eligibility Requirements For Expunging A DWI Charge In Texas?

An expungement is a court order for the destruction of records relating to your DWI charges. This includes arrest records as well as any court records of the DWI case. There are five main ways to get an expunction in Texas.

First, if you are arrested and a year goes by without the state bringing charges, you can petition the court for an expunction. However, prosecutors can still request that those records be maintained for another year.

If your case is filed and then dismissed, you may petition for those records to be expunged after two years have gone by. You may also see your case dismissed and later expunged if you are a veteran and have successfully completed a veterans’ court program.

You can also participate in “pretrial diversion,” a program set up by various district attorney’s offices. Once you complete the diversion program, your case is dismissed and can later be expunged.

Finally, you can have your case expunged by going to trial and having a jury find you “not guilty” of DWI charges. Once you qualify, you can usually obtain an expungement of your DWI charge within 90 days, though some courts can take a little longer.

What Does The Process Of A DWI Expungement Look Like?

Your attorney will first determine if you qualify for an expunction. Once you qualify, your attorney will draft a petition for expunction. You’ll review all information within the petition to make sure it’s correct. You will then sign it in front of a notary and file it with the court to request a hearing.

Once the petition is filed, the court will notify all agencies listed in the petition, giving them 30 days to object to the petition for expunction. In most cases, the court will grant the expunction.

Attorney Ira Miller is a dedicated, knowledgeable DWI defense attorney serving Texas. For nearly 20 years, he’s helped clients just like you work toward expunction, allowing them to move forward with greater freedom and peace of mind.

Have questions, or in need of legal help? Reach out to the Law Office of Ira Z. Miller at (361) 344-4811 for an initial consultation today.

What Are My Options If My DWI Expungement Application Is Denied?

If your petition is denied, the denial can be appealed with the help of your attorney with the Court of Appeals. However, the Court of Appeals will generally agree that the trial court made the right decision in denying your petition unless you can prove that you met all the requirements for expunction. If not, your appeal will not be successful.

How Can I Improve My Chances Of Having A DWI Expunged?

When you work with the Law Office of Ira Z. Miller, we will approach your case with the hope of avoiding a conviction and eventually seeing charges expunged. We will first see if the stop was made lawfully, determining if the arresting officer had reason to detain you and what evidence they had to believe you were intoxicated.

If the state is likely going to be able to prove its case against you, we will work to help you qualify for an expunction, often through pretrial divergence or veterans’ court. This will involve seeking to convince a prosecutor that you are not likely to re-offend and that your DWI was a one-time mistake that you will not be repeating.

Still Have Questions? Ready To Get Started?

For more information on DWI Expungement In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (361) 344-4811 today.