Law Information

What You Need to Know About DUI Expungement in Texas

By January 9, 2018 No Comments

dui expungementBeing arrested for DUI is more than a temporary headache: it haunts many Texans for years after their court date.

The fines, community service, and license suspension take a toll. While there’s little to be done about those consequences, you don’t need to live with a DUI forever.

DUI expungement is a legal remedy that allows you to petition to remove the arrest from your record only if you were arrested but not convicted.

Were you arrested but not convicted? Keep reading to find out how you may be able to remove a DUI or DWI arrest or charge from your record.

When Is A DUI Expungement Possible?

If you’ve been convicted of a DUI (a Class B Misdemeanor), then your DUI will remain on your record.

But not all DUI cases are clearcut and result in a conviction.

Perhaps you will recognize one of these other legal outcomes that also serve as a case for a DUI expungement.

Case for Expungement: Your Case Was Dismissed

If the judge decides to dismiss your case, then you were not convicted. In this case, an attorney can apply to have your arrest and charges expunged because there was no guilty verdict.

Case for Expungement: You Were Convicted of a Lesser Charge

Perhaps you went to court on a DUI charge, but your attorney argued the final charges down to a lesser traffic violation thereby dismissing the DWI charges.

If the DUI charges are dismissed by the judge in favor of lesser charges, you can then apply for expungement.

Not all lesser charges render you eligible for expungement.

A Class-C traffic violation is eligible, but a reckless driving conviction means that while you weren’t convicted of a DUI, you still can’t remove the DUI arrest or charge from your record.

Additionally, you can only remove the charges from your record as long as expungement isn’t part of the plea deal. In some cases, the state will allow a conviction for lesser charges but only if the DUI charge (not conviction) remains on your record.

Case for Expungement: You Were a Minor

Texas has a zero tolerance law governing underage drinking and driving. If you’re pulled over with any alcohol in your system, then you will be charged with a DUI – even if you were below the legal limit.

If you received a DUI as a minor and it is your only DUI offense, then you may be able to apply for expungement when you are over 18.

Case for Expungement: You Received a Deferment

If you’re a first time offender in Texas, a judge may grant you what is called deferred adjudication.

Deferred adjudication allows you to complete probation for the charge instead of receiving a conviction.

Deferments are eligible for expungement as well as a petition of non-disclosure (sealing of your records).

Move on from a DUI Arrest

Were you arrested or charged with a DUI but not convicted? You may not need to live with your record forever.

Contact us to learn more about DUI expungement and other legal remedies for moving on from a DWI.