“Can I expunge my DWI record myself?” is what you think when you’ve been charged with DUI. Well, if you are looking to expunge your criminal record then you will need the best Sugar Land DWI lawyer by your side.
Read on to learn how you can get help to expunge DWI charges from your record.
Clearing Your Criminal Record
Expunging your DWI record means that your DWI arrest and prosecution deletion is possible from public records. This is important, as background checks for criminal history have become commonplace.
Be it for hiring an employee or leasing a rental space, organizations are investing in background checks. For example, when borrowing hard money or applying to a college, you need to be upfront about your criminal record.
And if you had already faced DWI charges, matters will be difficult when you disclose it at a later stage. That’s why getting your DUI record expunged is a great idea. After you file a petition in the court, the judge will order the expunction. When that happens, you can go on as if it never happened.
Expunge DWI from Your Record
You can only expunge DWI from your record in certain circumstances.
- If you are an adult who is prosecuted for DWI in Texas and found not guilty, it can be expunged. All the records will be cleared of your DWI charges.
- The second case is if the court dismisses the charges, your arrest record will be erased.
- Even when you are convicted, you can appeal in the Texas Court of Criminal Appeals. If you are acquitted, your record will be expunged.
When your record is expunged, there is no pressure on you to ever disclose that you got arrested. The only exception is in court; in some criminal proceedings, you cannot deny this fact.
However, if you are charged with DUI along with DWI, your driving license will be suspended. It cannot be erased from the criminal records. This will also appear permanently in your driver’s license records.
“It’s the responsibility of the petitioner to prove his eligibility for expunction.”
Get the Best Sugar Land DWI Lawyer to Help You
Only an established criminal defense lawyer can guide you whether you are eligible to file the petition.
- If you have completed a straight probation, you are not eligible.
- Serving jail time as your court sentence, a final conviction cannot be expunged.
- Only non-conviction data can be expunged- like defeat or dismissal.
- DWI conviction cannot be erased from your criminal record.
If you’re not eligible, your defense lawyer should be able to find other ways. There are basically two ways to clear your record. Though it’s rare and difficult, you can seek a pardon from the President or the State Governor. If you get the pardon, you can go ahead and file the petition for expunging your record. The second way to get your DWI cleared is by filing a writ petition of Habeas Corpus.
Generally, you need to wait for one year before you can file the petition. The judge decides to expunge your DWI depending on whether you had any criminal convictions after your DWI. The judge may also consider your subsequent driving record. How clean the driving record is, can be crucial for the judge to decide whether to reinstate your license.
Contact Defense Attorney David Hunter and Get Your DWI Expunged
Contact Sugar Land DWI lawyer David Hunter. With his previous experience as a Texas judge, David Hunter can give you the desired outcome and even reinstate your license.
Start with a clean slate. To learn more about how you can expunge DUI and what to do if you are not eligible, schedule a free consultation. Call 281-265-1515 or schedule an appointment online!
Can You Get Your DWI Record Expunged in Texas? | The David Hunter Law Firm – Sugar Land, TX