A DWI charge is serious in Texas. It not only affects your present life, but it also carries into your subsequent years, sometimes even forever. In the absence of legal action to clear or hide your record, that DWI is there, just as if you had never been charged. If you have a DWI charge against you or if you already have a conviction, you should be speaking with a Dallas DWI defense attorney at the first possible instant. They are best positioned to help you understand your rights and your options.
A DWI conviction does not vacate itself in Texas. It is permanent on your criminal record unless something occurs through a court to remove it. Most people will never realize that one mistake is going to be visible on a background check for the remainder of their lives. Employers, landlords, and even educational institutions are able to deny you positions as a result of that singular conviction. This is particularly true if it was a felony DWI.
Expungement Is Rare but Powerful:
Expungement is the process of completely removing a record. If your DWI case is expunged, no one will be able to see it, not even government agencies. It is as if it never happened. That being said, in Texas, obtaining an expungement is extremely difficult. You can only seek true expungement in a very limited set of circumstances. You might qualify for an expungement if:
- The case against you was dropped
- You were found not guilty at trial
- You were arrested, but never formally charged
- You pleaded to a lesser offense and met all conditions
There is also a waiting period before you can even request an expungement. Depending on the particulars of your case, you may be required to wait between two and five years before you can apply for an expungement. And, of course, you cannot get into any trouble during that waiting period.
When Expungement is not Available?
Most people who have a DWI conviction cannot get an expunction of their record. But don’t give up hope. Another option might be available to you: sealing your record. Sealing a record does not truly destroy or eliminate it, but protects the record from most people. That means that your DWI will not show up on most background checks. This can help you get a job, apply for housing, or go on in life without that charge lingering over your head.
The Basics of Sealing Your Record:
Texas allows certain individuals to seal their DWI conviction depending on specific facts and circumstances. This is done under the state’s non-disclosure laws. It does not destroy it like an expunction, but prohibits the general public from seeing it. Employers, private landlords, and most non-government organizations will not be able to see your DWI once the record is sealed.
The Importance of Sealing Your Record
If you are considering sealing criminal records in Dallas, TX, now is the time to investigate your options. A sealed record shields your privacy and reputation. Sealing your record enables you to explore opportunities that were locked away based on your prior conviction. Individuals running background checks may not identify the DWI on your record. Landlords may approve your rental application. Most importantly, you can move forward with your life.
You are more than a DWI conviction. While it cannot be erased from your record in Texas, there are many things you can do to clean up your records. Though it is rare, expungement is possible, and sealing your record may be possible if you qualify. Every case is different, so don’t assume; consult with a lawyer who is familiar with Texas law and the procedure. Taking the proper steps now may protect your future for years to come.