Can a DWI be expunged in Texas?

Can a DWI be expunged in TexasCan 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.

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 In 2019 the Texas Legislature repealed the Driver Responsibility Program.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?

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.

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

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 Criminal Defense Lawyer in San Antonio

Mr. Porter has been recognized nationally as a Top 40 Under 40 Criminal Defense Lawyer. He has been nominated as one of San Antonio’s Best Criminal and DWI Defense Lawyers every year since 2015 by his peers. Mr. Porter is also recognized as San Antonio’s Best Lawyer for DWI and DUI by Three Best Rated, and holds a 10.0 Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results.

Resources & information

Frequently asked questions

Glowing Client Reviews

Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!

Joey

I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.

Wendy

Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.

I really appreciated all he did for me.

Juan

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!!

Binda

Trey Porter fought for me! I am a nurse and thought my career was over.

Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.

He saved my career. Forever grateful!

Stevie

Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.

He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.

Alina

Read More Reviews

San Antonio DUI Lawyer

Successful Cases

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. State eventually dismissed DWI charge. Client received no criminal conviction.

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.

Contact Trey Porter Today

Request a free consultation

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

Google Rating Avvo Rating