Is It Possible to Get a DWI Removed From Your Record?

Every year in the USA, more than a million people are arrested on suspicion of DWI. While DWI’s are more common than other offenses, they can have lasting consequences that impact your work, your social life, and your financial future.

For those with a prior DWI, you may wonder if a DWI can be removed from your record? It’s understandable for people who may have made mistakes in the past to want a chance to clear their record and start anew. A DWI can be a dark cloud hanging over your head causing you stress and anxiety. This is especially true if it occurred many years ago.

There may be hope for those looking to move on from a past DWI. However, there are certain criteria that must be met. Before making any assumptions one way or another, it’s best to get as much information as possible. To learn more about the process of clearing up your DWI record, read on.

Getting a DWI Removed From Your Record in Texas

Let’s start with the hard facts. If you have a DWI conviction, it cannot be expunged from your record. But, don’t be discouraged! There’s a difference between expungement and non-disclosure. For many people, a non-disclosure can be a total game changer. See the differences below to understand which scenario might work best for you.

It’s worth noting that any conviction originating in a DWI charge is not eligible for being expunged. For example, if you were arrested on a DWI charge but eventually convicted of a minor traffic offense, you will be unable to remove this conviction from your record.

But there is some good news. In many cases, a DWI arrest won’t remain on your record forever. Even a full DWI charge can be wiped clean if it did not result in a conviction.

Expungement

An expungement means wiping a charge off your record totally. There are certain factors that may make your case eligible for expungement.

One of the clear factors that makes expungement likely is if the charge was thrown out by a judge and you received no conviction at all based on the charge. This demonstrates that the initial charge was likely in error, so there’s no need for you to face continued consequences.

The final criteria that may qualify you for expungement is if your charge originated when you were a minor. If you only received one conviction for DWI and you complied with all subsequent court orders, you may be eligible to have your record wiped clean.

If you don’t meet any of these criteria, it’s unlikely that you will be able to get an expungement. If that’s the case, you can explore alternative options that may suit your desire for a fresh start. Non-disclosure could be a great option.

Non-Disclosure

If expungement can’t happen for one reason or another, non-disclosure could be the best alternative. Non-disclosure means that your conviction won’t be available to the public and may not show up in various searches. For example, an employer conducting a standard background check would be unlikely to find evidence of the charge.

While a non-disclosed DWI can’t be accessed by the general public, the DWI will remain on file. It’s important to remember that the charge will still remain on your record and will be relevant in case of any future criminal charges against you.

But non-disclosure is a very popular option for those looking to simply clean up their public record for a job, financial applications, or even dating/social websites. With a non-disclosure, you can be confident most people will never know about your past DWI mistake.

There are several important criteria that must be fulfilled in order for you to be eligible for a non-disclosure. First off, your conviction must not have been a class A misdemeanor. You also need to show your blood alcohol content at the time of arrest was no more than 0.15.

You’ll also need to prove that you paid all relevant fines and completed your sentence. Finally, you must prove you learned your lesson by demonstrating you have no other major traffic offenses on your record. The courts need to see that you’ve paid the penalty and you’re now safe to be on the roads again.

Long-Term Impact of a DWI Charge Record

It’s important to understand the long-term impact of having a DWI on your record. When you have a DWI charge on your record, it can follow you everywhere you go. You may find yourself ineligible for certain jobs, especially driving jobs.

You may find yourself unable to drive if your license is taken away. This can further impact your employment prospects, leaving you unable to commute to your workplace. If you don’t have access to public transport or someone willing to drive you around, you could struggle to hold down a job.

Remember, for a first DWI offense, you could lose your license for two years. Further offenses come with harsher punishments. How will you navigate the tasks of daily life without a vehicle?

If you do have a license, auto insurance rates may be higher for you. Insurance companies demand extra payment from someone with a DWI conviction.

A charge can also make things more difficult for you in terms of education. Many schools exclude those with DWI records from receiving scholarships. You could lose out on thousands of dollars worth of education.

Put Past Mistakes Behind You

The filing requirements and eligibility for expungement and non-disclosure can be complicated for those unfamiliar with the Texas legal system. Hiring an experienced Texas lawyer is a smart move that will save you time and relieve the stress of getting it done right. And that’s the whole point, isn’t it? Montgomery DWI lawyer Andrea M. Kolski has helped countless clients get their expungement or non-disclosure done without hassle.

Whether you’re trying to get a DWI removed from your record or facing current criminal charges, get expert legal advice and protect your rights. Luckily, you’re just a click away from a top expungement and non-disclosure lawyer to review your case today!

Former Texas prosecutor Andrea M. Kolski founded the law firm Non Stop Justice because of her commitment to justice for all. With over 20 years of criminal defense experience, we’ll fight tooth and nail for you. Contact us today to find out more about expungement, non-disclosure, or other criminal defense help.