How To Seal or Expunge a DWI Record in Texas

A DWI conviction can leave a lasting mark on your life, but there are legal ways to limit its visibility or remove it from your record altogether. Here’s a step-by-step guide to help you navigate the process and regain control of your future.

Understanding the Options: Sealing vs. Expunging

What is Expungement?

Expungement permanently removes a DWI arrest or charge from your criminal record, as if it never happened. However, in Texas, expungement is only available under specific circumstances, such as:

  • You were acquitted of the DWI.
  • The charges were dismissed.
  • You completed a pretrial diversion program successfully.

What is Record Sealing (Order of Nondisclosure)?

If you were convicted of a first-offense DWI with a BAC below 0.15%, you may be eligible for an Order of Nondisclosure, which seals the record from public view. This means most employers and landlords won’t see it during background checks, though law enforcement and certain licensing agencies will still have access.

Step 1: Determine Eligibility

For Expungement:

You may qualify if:

  1. The DWI case was dismissed or you were found not guilty.
  2. No conviction occurred. A completed diversion program or deferred prosecution agreement may also qualify.
  3. No other charges exist from the same incident.

For Record Sealing:

You may qualify for an Order of Nondisclosure if:

  1. It was your first DWI offense.
  2. Your BAC was below 0.15% at the time of arrest.
  3. You’ve completed all court-ordered penalties, such as probation, fines, and community service.
  4. A two-year waiting period has passed after completing your sentence.

Step 2: Gather Required Documents

To begin the process, collect:

  • Court documents from your DWI case, including the judgment and sentence.
  • Proof of completion for all probationary requirements.
  • Your criminal history record from the Texas Department of Public Safety (DPS).

Step 3: File a Petition

For Expungement:

  1. Draft a Petition for Expunction: This document formally requests the court to remove the DWI record.
  2. File the Petition: Submit the petition in the proper court.
  3. Notify Relevant Agencies: Send copies of the petition to all law enforcement and government agencies involved in your case.

For Record Sealing:

  1. File a Petition for Nondisclosure: Submit this to the court that handled your DWI case.
  2. Include Supporting Evidence: Attach proof that you’ve met all eligibility requirements.

Step 4: Attend the Court Hearing

  • The court will review your petition and allow you to present evidence supporting your eligibility.
  • Having a skilled attorney by your side can improve your chances of success by effectively addressing any objections.

Step 5: Notify Agencies of Court Order

If your petition is granted, the court will issue an order requiring law enforcement and background check agencies to expunge or seal your record.

Step 6: Verify the Results

  • After the expunction or sealing process is complete, run a background check on yourself to confirm the record no longer appears.
  • If the record is still visible, contact your attorney or the court for follow-up.

How to Seal or Expunge Your DWI Record in TexasKey Considerations

  1. Timeframe:
    • Expungement or sealing can take several months. Start early if you need the process completed for employment or licensing.
  2. Legal Representation:
    • Working with an experienced defense attorney near you can ensure that all paperwork is filed correctly and that you’re fully prepared for the court hearing.
  3. Cost:
    • Filing fees and attorney costs vary but are a worthwhile investment in your future.

Take Action Today

Sealing or expunging a DWI record can provide a fresh start, opening doors to employment, housing, and peace of mind.

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