Expunctions and Non-Disclosures for DWI arrests in Texas are rare, but possible to obtain in certain circumstances. If you have been arrested for, charged with, or facing trial for a DWI in Texas, then this post applies to you.
What are Expunctions and Non-Disclosures?
An Expunction is when the Court orders the destruction of all records pertaining to a criminal case. This means that the arrest will not show up on background checks and not even the government will have the ability to see that a person was ever charged for this crime. The end result will be as if the criminal event had never occurred. This is the most desirable result for a person who has been arrested for and charged with a crime. This is also the most difficult outcome to obtain.
A Non-Disclosure is when the Court orders all records pertaining to a criminal case sealed to the general public. The effects of a Non-Disclosure are not as extensive as those of an Expunction. In this case, the Court will not order the destruction of all records pertaining to a criminal case. Instead, government agencies will still be able to see that a person was arrested for a specific crime and the outcome of the case. The general public, however, will not have access to these records. This means that your arrest for this crime will not appear on most criminal background checks.
Can I get an Expunction for a DWI?
The short answer is yes.
There are four main ways you can obtain an Expunction for a DWI. (The other ways to receive an expunction are so rare that I do not list them here)
A Judge or Jury Returned a Not Guilty Verdict at Trial
If you win your case at trial, then the Court will grant your expunction 30 days after the Judge enters the “not guilty” verdict. This is the most risky way to obtain an expunction. A prosecutor will not usually allow a case to go to trial unless they believe there is enough evidence to secure a guilty verdict. Therefore, there should have been some evidence against you that jurors could find compelling. By going to trial, you run the risk of having the judge or jury sentence you to the full range of punishment for the offense. The reward, is that you will get your case expunged the fastest way possible.
The Judge Dismissed your Case
If the Judge dismisses your DWI charge, then you are eligible to apply for an expunction. This situation is rare. The prosecutor would not have likely filed the case against you to begin with if there had not been some evidence to support a DWI conviction. The eligibility window to petition for an expunction begins after the statute of limitations for filing the offense passes. This eligibility window is two years for a misdemeanor and three years for a felony charge.
The District Attorney Rejected your Case
Contrary to popular belief, it is not the police who file DWI charges. Filing charges is, instead, the District Attorney’s responsibility. The DA takes the case from the police department and reviews the strength of the evidence. The District Attorney then has the discretion to file the case if they believe there is enough proof to secure a conviction. The District Attorney also has the discretion to reject a case if they believe the evidence falls short of this standard. If the DA rejects your DWI case, then you can apply for an Expunction after the statute of limitations has run.
You Completed a Veterans Treatment Court Program
If you are a veteran of the US Armed services you might qualify for “Vet Court.” This is a program through which veterans accused of certain crimes may avoid a final criminal conviction. Vet Court is an intensive program that requires strict adherence to conditions set by the probation office. When a veteran defendant successfully completes Vet Court, they become eligible in most cases to apply for an Expunction after a set period of time has run.
Can I get a Non-Disclosure for a DWI?
There is only one way you can get an Order of Non-Disclosure of a DWI. In 2019, the Texas Legislature passed a bill allowing certain DWI defendants to qualify for Deferred Adjudication Community Supervision. Under Deferred Adjudication, the defendant pleads guilty. The Court then places the defendant on Community Supervision (probation). When the defendant successfully completes probation, then the judge dismisses the case. The Defendant may petition the Court for an Order of Non-Disclosure two to five years after probation successfully discharges them.
Only a very narrow set of DWI defendants qualify for Deferred Adjudication. To qualify for Deferred Adjudication the defendant:
- Must not have ever been convicted for a prior DWI
- Must not have been convicted of a prior offense
- Must not have had a BAC greater than 0.15
- Must not have caused an accident involving another person or vehicle during the incident
- Must submit to having a Breathalyzer Device installed on their vehicle during probation
These strict conditions essentially limit the possibility of a DWI non-disclosure to low-level, first-time offenders who did not cause any harm to others.
Conclusion
If you have been charged with DWI in Texas, then you might qualify to eventually have your case either expunged or non-disclosed. You need an attorney to help you with the process if you do qualify. If you would like to learn more about sealing the record of your DWI from the public, call Carter Criminal Defense today for a consultation.