Can a DWI be expunged in Texas?

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/ Can a DWI be expunged in Texas?

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Can a DWI be expunged in Texas?

A DWI conviction cannot be expunged in Texas. However, a DWI charge that did not result in a final conviction can be expunged in some circumstances. DWI charges that can’t be expunged may be eligible to be sealed under Texas’s DWI Second Chance Law. Learn more.

How long does a DWI stay on your record in Texas?A DWI conviction is permanent. There is a common misconception that criminal convictions “fall off” of a person’s record after seven years. Criminal convictions, for DWI or any other charge, remain in government records forever.

Can you expunge a DWI charge in Texas?A DWI charge that was dismissed before trial and without probation or a final conviction is eligible for an expunction once the statute of limitations has passed. Learn more.

How long does it take to get your record expunged in Texas?It takes about 6 months to expunge a DWI, or any other eligible charge, in Texas.

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How much does it cost to expunge a DWI in Texas?

Total price can vary, but an expunction typically costs a few thousand dollars. There are also filing fees and other court fees associated with expunctions. Conversely, an expunction is free if filed promptly after obtaining an acquittal at trial.

How much is a DWI surcharge in Texas?There are no longer DWI surcharges in Texas. In 2019 the Texas Legislature repealed the Driver Responsibility Program. Learn more.

Can I expunge my DWI record myself?It is legally possible in Texas for a person to draft and file an expunction, attend a hearing, and obtain a signed order from a judge. There are also businesses that offer easy expunctions to people.The safest and best way to ensure an expunction is properly drafted, filed, and obtained is to retain an experienced lawyer. Learn more.

How do you get a DUI off your record in Texas?

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A DUI can be expunged and deleted if it was ultimately dismissed. The terms DUI and DWI are used interchangeably in Texas, but they are actually totally different offenses. DUI is only for minors under 21. DWI is for everyone else. Minors can be charged with DWI. Adults cannot be charged with DUI. Learn more.

If a DUI is dismissed is it on your record?All charges remain on your record unless they are sealed or expunged. All DUI charges that were dismissed are eligible for expunction. Learn more.

How long do you have to wait to expunge a DUI in Texas?The waiting period for expunging a DUI in Texas is 6 months. It is important to note that DUI and DWI are different, and the waiting period to expunge a DWI will vary depending on the reason for the dismissal and statute of limitations.

How long after a dismissal can you get a DUI expunged?Once you become eligible to expunge a criminal offense, you are eligible forever. There is no window of time for expungement.

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What crimes can be expunged in Texas?

All criminal charges can be expunged in Texas if dismissed without probation once the statute of limitations has run. Charges dismissed after completing Deferred Adjudication are likely eligible to be sealed through an order of nondisclosure.

Can Obstruction of Highway be expunged?Obstruction of Highway charges are not eligible for expunction in most cases. Obstruction of Highway is sometimes offered to first-time DWI offenders — especially in Bexar County, Texas. More often than not, a person will enter a plea to Obstruction of Highway and make an application for Deferred Adjudication. After successful completion of probation the charge is dismissed. In these situations, a person is only eligible for an order of nondisclosure. If granted, the order will effectively seal the record.

Expungement in Texas

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Expunctions are powerful court orders that direct all government entities to delete and destroy all records of an arrest and subsequent prosecution.

What happens after an arrest?In Texas, every arrest results in a record being created. So, even if a charge is eventually dismissed, the charge remains on the record and must be expunged in order to be removed.

Can DWI be expunged after Deferred Adjudication?The Texas Legislature passed a law in 2019 that allows first-time DWI offenders to apply for Deferred Adjudication in limited circumstances. Deferred Adjudication may be the best outcome in certain DWI cases, but this outcome prevents individuals from becoming expunction eligible. Learn more.

TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE

Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

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M. Adams

Exceptional Defense Attorneys and firm.
I had the pleasure of being represented by Trey Porter Law. Attorney Joseph Strickland worked with me directly and was wit me at every court appearance and I couldn't be more satisfied with the outcome. From the outset, they set clear expectations on how they could help me avoid jail time for my DWI charge.

What truly stood out was their unwavering support throughout the entire process. They were always accessible, promptly addressing any questions I had. Ms. Aisley would answer my call and respond to my questions on the spot. This was especially crucial when my school and potential employers raised concerns about my pending charges. Joseph Strickland provided guidance on how to navigate these external challenges, showcasing their commitment to their clients beyond the courtroom.

Their professionalism, transparent communication, and dedication to my case made a significant impact, and I am grateful for the positive resolution they achieved. I highly recommend Trey Porter Law Firm for anyone in need of a skilled and supportive defense attorney and team.

C. Pollock

After a search of attorneys in my area I sought out Trey Porter Law Firm, impressed by the detailed information provided on the website and resounding client endorsements. From the introductory phone call, direct meeting, subsequent calls/emails/texts, and throughout my court appearance and disposition, all dealings have been exceptional. Everyone on the team has been friendly and responsive, while still being highly professional. I also very much appreciate the proactive approach taken throughout my case.

J. Givens

Mr. Porter an amazing attorney, he help me get through my situation swiftly and professionally as well as save me time and money in the process. Working with Mr. Porter was a pleasure, he kept me well informed and updated throughout the whole process which made things so much easier for me to understand. Mr. Porter and his team took the stress out of stressful situation. Mr. Porter and his team was always easy to contact and return my phone calls and emails promptly. I cannot give enough praise to Mr. Porter and his team. I had another attorney in the beginning who wad basically going to railroad me. I would definitely recommend Mr. Trey Porter again and again. If you’re looking for a great attorney who is affordable and knowledgeable and will fight for you, Trey Porter is the attorney to choose. Definitely a five star attorney.

J. Franklin

Trey and his staff are great and make sure to help you with all your questions to get through the process. Trey worked out the best outcome for my issue and got me an opportunity to get my charge expunged. Trey and his team made a negative experience end on a positive note. Truly recommend this law firm for your legal issues.

J. McKibbon

I would like to thank Trey Porter and his team regarding my DUI case. I truly could not have expected a better outcome regarding my case. This outcome only happened because of his expert knowledge and dedication to his profession. Trey really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed. I am lucky to have come across his name and will only refer people to Mr. Porter regarding DUI offenses. Trey, I want to thank you publicly. Your expert handling of my D.U.I. got my case reduced to an outcome I was very pleased with. Nothing against my driving record, no loss of license and I’m positive this wouldn’t have turned out so well without you. Thanks for your hard work, empathy and responsiveness it really meant a lot to me.

R. Valdez

We hired Trey Porter to assist us last year. From the initial consultation up to and including the court hearing, Trey had a straight forward approach to the situation at hand. He explained everything along the way and was available at any time to discuss/answer any questions we had either by phone/text/email. With his experience and professionalism, we obtained the best outcome possible. We would highly recommend Trey Porter with no hesitation whatsoever. Five stars is definitely not enough!

B. Cantu

I highly recommend Trey Porter! He is very professional and attentive to each situation at hand. He does not beat around the bush. Straight forward and explains things very well. Easy to work with. Contacts you before you have to ever contact him. Detailed oriented. Driven to get you the best deal possible in your situation. Him and his staff were absolutely amazing for my situation. Thank you!

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Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients. He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!

D. Lopez

Mr. Porter was exceptional! He answered all my questions, was thorough throughout my case. Really pushed to go above and beyond to get us the results we were needing. Excellent professional service and as a professional I can definitely say I recommend him.

C. Jef

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Excellent experience with Mr Porter and TPL law offices. They fought for me and they won! I hired Mr Porter after an embarrassing incident. My license and employment were on the line. The office had excellent communication and personal service — even through text message! Totally recommend Trey Porter 100/100!

T. Royal

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I hired Mr. Porter to represent my son in a DUI case. I was worried a conviction would ruin his future. Mr. Porter and the whole office were friendly, thorough, and poised throughout. They respond to text and calls almost instantly. We are just finishing the expunction process after the case was dismissed!!! I am grateful to Mr. Porter and recommend him to one and all. Excellent from start to finish. Thank you TPL!

A. Renaud

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I won with Attorney Trey Porter! Had a criminal DWI .15 charge, small accident, but no injuries. This was my first criminal charge of my life. Mr. Porter was great to talk to — as was the entire office staff and other attorneys. Everyone was SO NICE! 9 long months passed and my charge was dismissed. No probation. No conviction. This experience was well worth the money. I recommend Trey Porter, Attorney at Law.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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