Texas DWI can I get it off my record?If you are arrested for a Texas DWI you may be tempted to simply plead guilty and put the charges behind you. Unfortunately, many DWI convictions cannot be expunged, which means in the future your arrest record can be reviewed by private companies, a landlord, and a prospective employer. The information may also be entered into the Texas Department of Public Safety systems as well as reported to the Texas Crime Information Center (TCIC) and National Crime Information Center (NCIC).
When can my Texas DWI be expunged?There are two ways that your DWI charge can be expunged from your criminal record. First, if you have been charged with a Texas DWI you can plead not guilty and request a trial. Assuming you have enough evidence to prove you were not operating a vehicle under the influence of alcohol or drugs, you are acquitted by the court, and you meet all the pre-requisites of Tex.Code.Crim.P. Chapter 55, you can request to have your driving record expunged. Another way to have your Texas DWI arrest expunged is to have your case dismissed by the Texas District Attorney. For example, if you are arrested for a Texas DWI and the state fails to file criminal charges within the statute of limitations or charges are filed but the state dismisses the case you may also lawfully have your record expunged under Chapter 55 of the Texas Penal Code. Other reasons you may have your criminal record expunged include the following:
- You were acquitted of a misdemeanor or felony offense.
- You were pardoned after a misdemeanor or felony arrest.
- You were arrested, released, and never charged with an offense.
- You were arrested and charged but later released and you were not convicted and the court did not order community service (exceptions exist for Class C misdemeanors)
- You were arrested, tried for an offense, and convicted but the court of appeals later acquitted you of all charges.