Can you get a DWI expunged?
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In Texas, you can never get a DWI conviction expunged. If a person is not convicted the driving while intoxicated arrest can be expunged but only if the case was outright dismissed or you were found not guilty at trial.
Those are the only two ways to get a DWI expunged in Texas. Now what you will commonly see is the prosecutors will come back and they’ll offer a reduction of the charge. Let’s say we’re going through the process and a prosecutor agrees to reduce your charge to obstruction of a highway, which is a commonplace reduction when a DWI charge is reduced.
When the prosecutor does this the DWI charge is dismissed and the charges are refiled as an obstruction of a highway charge. In this scenario the case outcome is not considered alcohol related. This means you don’t have the surcharges that go with a DWI conviction; however, because it’s a reduction not an outright dismissal the conviction can never be expunged. This means that any future background checks will show a DWI arrest but the final case disposition was an obstruction of a highway conviction.
A better scenario here would be a reduction to a Class C deferred ticket. Here, the DWI charge is reduced to a traffic ticket. The traffic ticket is then dismissed after the deferral period. In this fact pattern the DWI charge is eligible to be expunged.
The two scenarios above are close in the outcome. The difference is the traffic ticket is dismissed and the Obsturuction of a Highway is a conviction. The dismissal is eligible for the expungement while the conviction is not.
It’s important you find an attorney that knows what they’re doing that knows the DWI laws and the cases and what to look for when they’re fighting your case.
Note: Texas still does not allow a person to expunge a DWI under current law. However, a person convicted of a first offense DWI may be eligible to seal the conviction from a criminal history check. Schedule a Free Consultation to see if you’re eligible for an expungement or to seal a first offense DWI conviction.
If you have been arrested…
Your FREEDOM is potentially at stake. A conviction can have a huge impact on your job, relationships, and your future. You need to act fast.
Proven Defense by a Former Law Enforcement Officer
Many people who are charged with an Austin DWI just assume there is no way to fight it. They think the best they can hope for is a smaller fine or a reduction in the amount of time they lose their license. We focus on defending anyone accused of a DWI. With the right legal counsel, there are other outcomes. Depending on the facts of the case, what if…
- Instead of months of suspension, you don’t lose your license at all?
- Instead of making a deal for probation, you never get convicted?
- Instead of having a DWI conviction, your record stays clean?
- Instead of cutting bad deals, you get a vigorous DWI defense?
While every case depends on the facts and circumstances at play, mounting an aggressive defense to DWI charges may be your best option. The Austin Criminal Defense attorneys at Stephen T Bowling, P.C., handle all drunk driving cases, defending clients in both the criminal proceedings and driver’s license hearings.
Don’t trust just anyone with your DWI defense. Contact the law firm of Stephen T Bowling, PC, by e-mail or call us at 512-599-9000 to schedule your free consultation with an Austin DWI lawyer to discover some strategies we pursue in defending Austin Driving While Intoxicated cases.
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Stephen Bowling, reviewed our case and discussed his recommendations clearly. He kept us up to date each step of the way with continued explanations. He was readily available for questions/concerns through the process. We would reach out to them again in the future for any legal concerns.
Helen
VERY COMMUNICATIVE AND VERY UNDERSTANDING
Stephen is Great, Great , Lawyer!! He give you weekly updates on not just your case but also on what’s going on with his firm as well!!! Stephen is also very communicative and very understanding on any situation!! I would hands down Refer Stephen to anyone with any situation!!! Great job Stephen words can’t describe what you have done for me!!!!
