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  1. #1
    Join Date
    Jan 2006
    Location
    texas
    Posts
    1

    Default Expunging a DWI record in Texas

    I HAVE 2 DWI ARREESTS AND ONLY ONE CONVICTION. THE SECOND DWI WAS DISMISSED AS A RESULT OF A PLEA AGREEMENT WITH THE DA'S OFFICE. FOR THE 1 DWI I WAS GIVEN 2 YEARS OF PROBATION. I ALSO HAVE 2 PI ARRESTS. MY QUESTION IS CAN I HAVE MY RECORD SEALED OR EXPUNGED ?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Texas Expunction Law

    Under Texas law it appears that you would first have to obtain a pardon, and that you could then apply for expunction of your record. (This is not likely to happen, given the current pardon policies of the Texas government.)
    Quote Quoting Texas Code of Criminal Procedure, Art. 55.01
    Right to Expunction

    (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

    (1) the person is tried for the offense for which the person was arrested and is:


    (A) acquitted by the trial court, except as provided by Subsection (c) of this section; or

    (B) convicted and subsequently pardoned; or

    (2) each of the following conditions exist:

    (A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

    (i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

    (ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made 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 because it was void;

    (B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and

    (C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

    (b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:

    (1) tried for the offense for which the person was arrested;

    (2) convicted of the offense; and

    (3) acquitted by the court of criminal appeals.

    (c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

    (d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

    (1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and

    (2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.
    In addition, five years after the discharge and dismissal of enumerated misdemeanor offenses and ten years after the discharge and dismissal of felony offenses for which the person was placed on deferred adjudication and successfully completed the required community supervision, a person may petition a court for an order of nondisclosure [Tex. Gov't. Code 411.081(d)(1)(2) ]. An order of non-disclosure should prevent an employer from discovering he conviction record, as state agencies would be ordered not to disclose it.

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