By Jeff Kennedy
If you were convicted of a DWI, you are probably facing quite a few issues ranging from background checks and inability to find a job. Maybe you did not realize what a conviction would do, or your attorney was incapable of avoiding the conviction.
Fortunately, Texas allows you to request an expungement or a non-disclosure to seal your criminal record and hide a DWI conviction.
DWI Expunction or a DWI Non-disclosure in Texas
In Texas, expunction and nondisclosure are two separate legal remedies that serve different purposes, so you generally cannot combine them into one process. Here’s why:
Defining A DWI Record Expunction:
Expunging a DWI conviction is exactly that, your records are expunged totally or completely erased. Once the judge approves your expunction, you can deny that the arrest ever happened, and government agencies will be ordered to delete the items being expunged.
Eligibility Requirements for Expunction (Misdemeanor DWI)
Generally available when charges are dismissed, acquitted, or in cases where the arrest did not lead to a conviction.
- Misdemeanor DWI:
- Only individuals charged with a misdemeanor DWI offense are eligible for expunction.
- Additional Criteria:
- Clean Record: You should not have multiple offenses on your record.
- Statutory Requirements: You must satisfy waiting periods or any other legal requirements set by Texas law.
- Best Interest of Justice: You need to demonstrate that granting the expunction serves the best interest of justice, meaning it is appropriate and fair given your circumstances.
How an Expunction Order Is Processed
Obtaining an expungement is pretty straight forward in Tarrant County, but it is not guaranteed. A very large factor is your choice in attorney, you need someone that is skilled in presenting a compelling argument that you are deserving of an expunction. In the end, it will be up to the judge if they approve it or not. Initiating the Expunction Process
- Filing a Petition:
- Begin by submitting a formal petition for expunction to the appropriate court.
- Include all necessary documentation that establishes your eligibility (e.g., arrest records, case disposition documents, and proof of compliance with any required waiting periods).
- Documentation:
- Collect all relevant evidence and legal documents that support your petition.
- Ensure your paperwork is complete, accurate, and clearly reflects your case details.
Court Review and Hearing
- Review of Petition:
- The court examines your petition and the accompanying documentation to verify that you meet the eligibility criteria for expunction.
- Hearing:
- A hearing may be scheduled where you (or your attorney) present your case in person.
- During the hearing, the judge will review the evidence and listen to arguments regarding whether expunction is warranted.
Judicial Decision and Outcome
- Approval:
- If the court determines you qualify, it will issue an order to expunge the DWI offense, effectively discharging and dismissing the charge.
- The expunction order removes the misdemeanor from your criminal record.
- Impact:
- Once expunged, the offense is no longer accessible to the public.
- This removal can improve your prospects for employment, housing, and other areas where a clean record is beneficial.
Defining A DWI Non-disclosure (Record Sealing):
A non-disclosure order does not erase your record like an expunction, instead it will be hidden from the view of the public and most employers. However, government agencies will still see your DWI charge. To get an order for non-disclosure of your DWI charge, you will first need to meet the eligibility requirements (below).
Eligibility Requirements
Often available for individuals convicted of certain misdemeanors or cases where expunction isn’t an option (for example, cases resulting in a conviction but later meeting statutory waiting periods).
- Misdemeanor DWI:Only those charged with a misdemeanor DWI offense may qualify for expunction.
- Additional Criteria:You must meet specific legal standards set by the court, which typically include:
- Not having multiple offenses on your record
- Meeting waiting periods or other statutory requirements
- Demonstrating that expunction is in the best interest of justice
How A Order of Non-Disclosure Is Processed
The process is pretty simple; however, the judge doesn’t always grant these petitions. Your chances of successfully obtaining an order of non-disclosure can greatly increase with an attorney by your side. Your lawyer can argue your case during the hearing and show the court why you deserve for your drunk driving conviction to be sealed.
Initiating the Expunction Process
- Filing a Petition:
- Begin the process by submitting a formal petition for expunction to the appropriate court.
- Include all necessary documentation that proves eligibility (e.g., court records, proof of compliance with any conditions).
- Documentation:
- Collect all evidence and legal documents that support your petition.
- Ensure that your paperwork is complete and accurately reflects your case details.
Court Review and Hearing
- Review of Petition:
- The court examines the petition and supporting documents to determine if you meet the eligibility criteria.
- Hearing:
- A hearing may be scheduled where you (or your attorney) can present your case in person.
- The judge will review the evidence and listen to arguments regarding whether expunction is warranted.
Judicial Decision and Outcome
- Approval:
- If the court finds that you qualify, it will order that the DWI offense be discharged and dismissed.
- The expunction order will remove the misdemeanor from your criminal record.
- Impact:
- Once expunged, the offense is not accessible to the public.
- This can improve your prospects for employment, housing, and other areas where a criminal record might be a hindrance.
Can You File For Both?
Rarely you are able to request both if your criminal record is eligible for both , but for separate charges. An attorney will have to handle these separately, becuase they are two different processes in court.
Contact Jeff C. Kennedy To Hide or Erase A DWI From Your Record.
Your record can affect your life in serious ways. Now that you have a better idea of how to seal a DWI from your criminal record in Texas, you’re equipped to improve your life. To help make a non-disclosure order possible, call a DWI sealing attorney with the Law Offices of Jeff C. Kennedy. We can be reached by dialing 817-605-1010 or by filling out the online contact form of this page.