If you have been convicted of driving while intoxicated offense (DWI, commonly called driving under the influence or DUI) in Dallas, you could face secondary repercussions not associated with the criminal penalties from a DWI conviction. For example, a criminal record for a DWI could result in an inability to pursue certain professional occupations, such as being a doctor, lawyer, and accountant. Additionally, DWI convictions could result in public embarrassment, an inability to pursue certain professional occupations, and the loss of the ability to own or possess a handgun. If you have a DWI conviction, you may want to pursue DWI Record Expunging or have your criminal record sealed.
Warning: You will not be eligible for an expunction if you were convicted or pleaded guilty to DWI. You are eligible only if you received obstruction of a passageway or received deferred adjudication; deferred adjudication on a DWI has not been offered since 1983.
All DWI convictions are different and expunging or sealing a criminal record can be a difficult procedure. Therefore, it is important to work with an experienced DUI defense attorney in Dallas to determine whether you are eligible for a DWI expunction or nondisclosure.
DWI Record Expunging Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you have been convicted of a DWI and want to have your record sealed or expunged, contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
Attorney Richard McConathy is knowledgeable in all areas of DWI defense and will work with you to expunge your DWI record. Call our firm to determine whether your DWI offense is eligible for DWI Record Expunging.
DWI Expungement Under Texas Law
Texas law only provides for criminal record expungement, or expunction, in certain situations under Tex. Code Crim. Proc. § 55.01. If you have been convicted of a DWI in Texas and the charges against you did not result in an acquittal, you will only be able to seek non-disclosure of your criminal record, which is like sealing your DWI record.
The following situations permit expungement of a criminal record in Dallas:
- If an individual was arrested for a felony or misdemeanor, but they were later acquitted of the offense, or they were convicted of the offense and then pardoned;
- An individual who was arrested for an offense was released and never charged with the offense;
- An individual who was arrested and charged with an offense and was subsequently released from custody, the charge did not result in a final conviction, and the court never ordered community supervision, except for Class C misdemeanors; and
- The individual was tried for an offense, convicted of the offense, and subsequently acquitted of the charges by the court of criminal appeals.
Benefits of DWI Record Expunction or Sealing
Once an individual has their criminal DWI Record Expunged, they will be permitted to deny the arrest ever occurred and the existence of an expunction order. Even if an individual is questioned under oath in a criminal proceeding about an arrest, they do not have to provide details of the criminal arrest, but only that the matter was expunged.
If a DWI record has been sealed, an individual may be able to vote, hold public office and own or possess a firearm. Additionally, certain criminal records usually have to be disclosed on job applications, educational applications, and applications for certain types of governmental assistance. If an individual has had their criminal expunged, they do not have to disclose this information.
Expunging Process in Dallas
If an individual is eligible to have a criminal DWI record expunged in Dallas, there are certain procedural requirements they must follow under Tex. Code Crim. Proc. § 55.02. The court shall enter an order for expunction for every eligible individual who requests an expunction within 30 days of the acquittal.
The individual who was acquitted is required to include all of the following information in a petition for expunction along with the court’s order to be signed by the court:
- The petitioner’s verifying information, including their full name, sex, race, date of birth, driver’s license number, social security number, and address at the time of the arrest;
- The offense charged against the petitioner;
- The date the offense charged against the petitioner was alleged to have been committed;
- The date the petitioner was arrested;
- The name of the county where the petitioner was arrested or the municipality;
- The name of the agency that arrested the petitioner;
- The case number and court of offense; and
- Every law enforcement agency may have information related to the criminal record or files.
Non-Disclosure (Sealing) of a Texas DWI Record
Most individuals who have been convicted of a DWI in Dallas will not be able to have their criminal record sealed under Tex. Govt. Code § 411.081. Anyone who is placed on deferred adjudication community supervision and subsequently receives a discharge and dismissal is eligible to file a petition for nondisclosure and have their record sealed.
For any DWI misdemeanor, the alleged offender may petition the court for an order of nondisclosure after the offense has been discharged and dismissed.
For any felony DWI offense, the alleged offender may petition the court for an order of nondisclosure five years after the offense has been discharged and dismissed.
After an individual has had their criminal record sealed, they are not required to disclose they were the subject of a criminal proceeding to any application for employment, information, or licensing.
Agencies Permitted in Texas to Receive Criminal History Record Information
If your criminal record has been sealed, certain noncriminal justice agencies or entities are entitled to receive information pertaining to your criminal record from a criminal justice agency. The following agencies or entities may be permitted to receive information about your criminal record:
- The State Board for Educator Certification;
- The Texas Medical Board;
- The Texas School for the Blind and Visually Impaired,
- The Board of Law Examiners,
- The State Bar of Texas,
- The Texas School for the Deaf,
- The Department of Family and Protective Services,
- The Texas Youth Commission;
- The Texas Board of Nursing;
- The Texas Department of Licensing and Regulation;
- The Texas State Board of Public Accountancy;
- The Texas Education Agency,
- The Health and Human Services Commission,
- A municipal or volunteer fire department,
- A district court regarding a petition for a name change,
- A school district, charter school, private school, regional education service center, commercial transportation company,
- The Department of Assistive and Rehabilitative Services,
- The Department of State Health Services,
- The Texas Juvenile Probation Commission,
- The securities or banking commissioner,
- The Department of Aging and Disability Services,
- The Texas Education Agency,
- The Guardianship Certification Board, and
- A county clerk’s office related to a proceeding for the appointment of a guardian.
Resources in Dallas for DUI Record Expunction
Texas Constitution and Statutes – Code of Criminal Procedure – This link is to chapter 55 of the Code of Criminal Procedure, which illustrates how to expunge a criminal record in Texas, the process for record expunction, and what criminal offenses are not eligible for expunction.
Texas Constitution and Statutes – Criminal Record Sealing – This link is to chapter 411 of the Texas Government Code, which illustrates how to have a criminal record sealed, or how to request non-disclosures under Texas law.
Dallas County District Clerk – This link is to the district clerk’s website, which provides information on how to find out information on filing for expunction or non-disclosure of your DWI record. The district clerk can be contacted at:
Frank Crowley Criminal Building133 N. Riverfront Blvd.
Dallas, Texas 75207
Phone: (214) 653-5960
Find A Dallas County Defense Attorney for Record Expunging | Law Offices of Richard C. McConathy
Contact Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your DWI record sealing or expungement questions throughout Dallas County in Texas. Richard McConathy is an experienced Dallas driving while intoxicated defense lawyer who will make every effort to help you have your record sealed or expunged.