Can a DWI Get Expunged? | Benavides Law Firm Can a DWI Get Expunged?

A DWI (driving while intoxicated) charge can have serious consequences, both legally and personally. One possible option for individuals with a DWI on their record is to pursue expungement (which some states, like Texas, call expunction). Expungement seals or erases one’s criminal record, effectively wiping it clean.

However, expunging a DWI charge can require a lawyer, as the laws surrounding expungement vary from state to state and depend on the severity of the offense, the number of prior convictions, and the length of time since the conviction. Additionally, some states do not allow the expungement of certain offenses, including DWIs.

If you have a DWI on your record, consult an experienced DWI defense attorney who handles expungements to understand the specific laws and eligibility requirements in your area. They can provide guidance through the process.

Contact an attorney near you to explore your options and determine if expungement is possible in your case. Your future can only benefit from taking this step.

A DWI Conviction Can Have Serious Legal and Collateral Consequences

If you receive a DWI conviction, it can result in serious consequences that can affect you for years. Most states authorize jail time for even a first-time conviction, and the fines and other costs associated with a DWI can easily reach into the thousands of dollars.

Some of the other potential consequences of a DWI include:

Probation
The installation of an ignition interlock device
The loss of your driver’s license
Community service
Mandatory drug and alcohol testing

A DWI conviction can also result in significant collateral consequences. These are consequences that result from you having a DWI conviction on your record but that are not imposed by the court. Some examples of the collateral consequences of a DWI conviction include difficulties renting an apartment, problems with professional licensure, difficulty getting a job, and damage to your reputation in your community.

All of these consequences can last for a long time, so it is worth exploring the possibility of removing your DWI conviction from your record.

What is Expungement?

Expungement is a legal process allowing individuals to have criminal records removed, essentially eliminating them from their public records. It allows individuals to move forward with their lives without the burden of past mistakes. An expunged DWI conviction makes the conviction record no longer accessible to the public.

Expungement can be a valuable tool for individuals who want to put their past behind them and have a fresh start. However, because expungement laws vary from state to state, you must understand the specific requirements and procedures in your jurisdiction.

For example, in Texas, you cannot expunge a DWI conviction. That said, if your blood alcohol content (BAC) was under .15 percent, it was your first DWI, and your case did not involve an accident, you can file for an order of non-disclosure, which prevents the public from accessing your criminal record.

Sealing Records May be an Option

In some states, it is possible to have a DWI conviction sealed rather than fully expunged. The difference between sealing and expungement is that sealed records are still accessible to certain entities, such as law enforcement agencies and the court system. However, sealed records are unavailable to the general public or potential employers.

Sealing a DWI conviction can still provide some benefits, as it restricts access to the record and helps individuals avoid potential negative repercussions related to employment and housing. However, it is important to note that even sealed records can still count as prior offenses if an individual is arrested for a DWI again.

Prior Convictions Still Count if You Are Arrested Again

Importantly, having a DWI conviction expunged or sealed does not mean that it is erased from existence. Even with an expunged or sealed conviction, it can still count as a prior offense if you are arrested for another DWI in the future.

Repeated DWI offenses typically carry more severe penalties, and prior convictions can impact the outcome of your case. It is crucial to consult with an attorney who focuses on DWI defense to understand the potential consequences and develop a comprehensive defense strategy.

How a Criminal Defense Lawyer Can Help

The legal process of expunging or sealing a DWI conviction can be complex and overwhelming. Hiring an experienced DWI defense lawyer with experience in expungement law is crucial to ensure the best possible outcome for your case.

An attorney can assess your situation, evaluate your eligibility for expungement or sealing, and guide you through the necessary steps and paperwork. They can also represent you in court, advocating on your behalf and increasing your chances of success.

Moreover, a DWI defense lawyer can provide you with valuable insights and advice on the expungement process and its implications. They can explain the potential benefits and limitations, helping you make informed decisions about your legal options.

Contact an experienced DWI defense lawyer near you to explore your options and determine if expungement or sealing is a viable solution for your DWI conviction.

Contact a DWI Expungement Lawyer Today

Getting convicted of a DWI charge and having it on your record can have significant consequences on various aspects of your life. However, expungement or sealing may provide an opportunity to minimize the long-term impact of a DWI conviction.

While the expungement of a DWI charge is not guaranteed and is often rare, consulting a lawyer who practices in DWI defense and expungement law is crucial to understanding the specific laws and eligibility requirements in your jurisdiction.

Contacting a DWI defense lawyer will allow you to explore your options and determine the best action. They can provide you with the guidance and support needed to navigate the expungement process successfully.

If you are looking for a criminal defense lawyer, contact a qualified attorney near you today. Take control of your future and let an experienced professional guide you through the legal process.