Can a DWI be Expunged in Texas

A DWI arrest in Texas can be expunged under Texas law, under certain circumstances. That is good news because a DWI arrest, even without a conviction, can have long term effect on your life. Insurance rates, new job opportunities, promotions, renting a car, serving as a chaperone at your child’s school, and countless other areas of life can be negatively impacted by just one DWI arrest. However, even if a person is not entitled to an expunction, they still may be eligible to seal the public record of their arrest.

There are two types of record clearing in Texas, non-disclosure and expunction. An order of non-disclosure clears your record from most people or entities, but not all. It is a limited record clearing. Expunction is a total record clearing. It is like a legal eraser that removes the fact of your arrest from your entire record. In fact, it is illegal for Texas entities to even maintain records relating to your arrest if an expunction is ordered by the court. (Cite)

Non-Disclosure:

A DWI arrest in Texas may be non-disclosed under the following circumstances:

Nondisclosure for DWI arrest resulting in deferred adjudication community supervision:

• The arrest resulted in deferred adjudication for a DWI or a Boating While Intoxicated; Tex. Government Code Sec. 411.0726
• At the time deferred adjudication was granted, the judge did not make a finding that it was in the best interest of justice that this arrest should not be non-disclosed;
• The person has never been convicted or placed on deferred adjudication for any other offense, except for a traffic fine offense.
• The court does not find sufficient evidence that there was an accident involving another person in the DWI offense.
• The person seeking non-disclosure successfully completed the deferred adjudication and received a discharge and dismissal of the case.

Waiting Period: 2 years from the discharge and dismissal date of the deferred adjudication.

Nondisclosure for DWI arrests resulting in conviction:

• The arrest resulted in a conviction for a DWI or a Boating While Intoxicated; Tex. Government Code Sec. 411.0736
• There was no finding that the alcohol concentration was .15 or greater;
• The person has never been convicted or placed on deferred adjudication for any other offense, except for a traffic fine offense.
• The court does not find sufficient evidence that there was an accident involving another person in the DWI offense.
• The applicant completed the person’s sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed.

Waiting Period:

• 3 years from the discharge and dismissal date of the deferred adjudication if the person was required to maintain the ignition interlock device for 6 months or more as a condition of probation.
• 5 years if the person completed their sentence or probation and was not required to have ignition interlock device for 6 months or more as a condition of probation.

What is the effect of an order of non-disclosure:

Statements in Application for Employment, Information, or Licensing § 411.0755 Texas Government Code.

A person whose criminal history record information is the subject of an order of nondisclosure of criminal history record information issued under this subchapter is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of the order.

Prohibition on Disclosure by a Criminal Justice Agency (§ 411.0765 Texas Government Code)

When a DWI is non-disclosed, the fact of the arrest, probation, or deferred adjudication is may not be disclosed by a criminal justice agency except to:

• to other criminal justice agencies;
• for criminal justice or regulatory licensing purposes;
• to the person who is the subject of the order; or
• for the purpose of complying with a requirement under federal law or if federal law requires the disclosure as a condition of receiving federal highway funds; or
• to the following noncriminal justice agencies or entities only:
  • the State Board for Educator Certification;
  • a school district, charter school, private school, regional education service center, commercial transportation company, or education shared services arrangement;
  • the Texas Medical Board;
  • the Texas School for the Blind and Visually Impaired;
  • the Board of Law Examiners;
  • the State Bar of Texas;
  • a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;
  • the Texas School for the Deaf;
  • the Department of Family and Protective Services;
  • the Texas Juvenile Justice Department;
  • the Department of Assistive and Rehabilitative Services;
  • the Department of State Health Services, a local mental health service, a local intellectual and developmental disability authority, or a community center providing services to persons with mental illness or intellectual or developmental disabilities;
  • the Texas Private Security Board;
  • a municipal or volunteer fire department;
  • the Texas Board of Nursing;
  • a safe house providing shelter to children in harmful situations;
  • a public or nonprofit hospital or hospital district, or a facility as defined by Section 250.001, Health and Safety Code;
  • the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner;
  • the Texas State Board of Public Accountancy;
  • the Texas Department of Licensing and Regulation;
  • the Health and Human Services Commission;
  • the Department of Aging and Disability Services;
  • the Texas Education Agency;
  • the Judicial Branch Certification Commission;
  • a county clerk’s office in relation to a proceeding for the appointment of a guardian under Title 3, Estates Code;
  • the Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to:
    • the Department of Information Resources; or
    • a contractor or subcontractor of the Department of Information Resources;
  • the Texas Department of Insurance;
  • the Teacher Retirement System of Texas;
  • the Texas State Board of Pharmacy;
  • the Texas Civil Commitment Office;
  • a bank, savings bank, savings and loan association, credit union, or mortgage banker, a subsidiary or affiliate of those entities, or another financial institution regulated by a state regulatory entity listed in Subdivision (18) or by a corresponding federal regulatory entity, but only regarding an employee, contractor, subcontractor, intern, or volunteer of or an applicant for employment by that bank, savings bank, savings and loan association, credit union, mortgage banker, subsidiary or affiliate, or financial institution; and
  • an employer that has a facility that handles or has the capability of handling, transporting, storing, processing, manufacturing, or controlling hazardous, explosive, combustible, or flammable materials, if:
    • the facility is critical infrastructure, as defined by 42 U.S.C. Section 5195c(e), or the employer is required to submit to a risk management plan under Section 112(r) of the federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and
    • the information concerns an employee, applicant for employment, contractor, or subcontractor whose duties involve or will involve the handling, transporting, storing, processing, manufacturing, or controlling hazardous, explosive, combustible, or flammable materials and whose background is required to be screened under a federal law.

§ 411.0765. Disclosure By Criminal Justice Agency

Expunction:

In general, a DWI arrest may be expunged if:

• The person was acquitted (found not guilty) by the trial court; or
• The person was pardoned or acquitted by a court of appeals or the Court of Criminal Appeals; or
• The person successfully completed a pretrial diversion program for the DWI (Cite); or
• The charge was dismissed on the grounds that it was filed because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense; or
• The person has been released from the charge; there was no final conviction or court ordered community supervision and the statute of limitations has expired; or
• No indictment or information was ever presented to the court and further prosecution is barred by the statute of limitations.

Texas Code of Criminal Procedure Article 55.01
Understanding Nondisclosure Orders and Sealing Your Criminal Record in Texas

Contact a San Antonio DWI Lawyer

If you have any questions or need any help with filing a petition to seal your DWI conviction from public access, do not hesitate to reach out to Tim Rountree, a San Antonio DWI attorney, at 210-667-3520 or using our online form to book a free consultation. Let’s work together to create the strongest possible defense for your DWI case.