If you ever get charged or merely arrested for a criminal offense, the deed goes to your criminal record, guilty or not. Criminal records in Texas are normally public property, i.e. they can be discovered by anyone conducting a background check on you. The mention of DWI on your record can lead to embarrassing situations, whether you are trying to get into a school or score a job. You may also encounter trouble while finding a place to live, securing a loan, or obtaining favorable insurance rates. DWI remains on your driving, criminal, and insurance record for several years to come, imposing long term negative effects on your life.
Luckily, there are ways to get a DWI charge/arrest erased from your record, which is referred to as DWI expungement. Bear in mind that a DWI conviction does not fit the criteria for expungement, though you still might be able to get the records sealed. Discuss your case with DWI Defense Attorney in Fort Worth, TX, today to learn more about your options.
If you were arrested, charged, or tried for DWI, but never formally convicted, your chances of qualifying for record expungement are genuinely high. You may consider yourself entitled to expungement if you meet any of the following conditions:
Being arrested or charged for DWI are two different things. The cop suspecting you of DWI will not levy charges unless there is real or suggestive evidence of committing the crime. If you were taken into custody but your DUI test came out clear, no charges can be imposed. However, the DWI arrest and your encounters with law enforcement still stay on record.
If you were under the age of 17 when you were charged or arrested of DWI, you shall be viewed as a minor and granted some leniency. The court of law is willing to make an exception for minors, as long as they are not responsible for any further violations. Law enforcement of Texas favors rehabilitation over punishment for juveniles, so that they can learn from their mistakes and not face lifelong consequences because of them.
Sometimes people are charged and arrested for DWI, but the case is later dismissed at arraignment or at an initial court hearing. The reason could be insufficient incriminating evidence against you, or prosecution may have withdrawn the case for other reasons. When a DWI case is dismissed, the charges and arrest are not automatically erased from the record. You shall have to file a petition for expungement to make it happen.
If the DWI charges led to a criminal trial and you beat the prosecution, you are officially not guilty of the crime. Despite proving innocence, the trial record may still raise questions and interfere with your private life. Therefore, you have the right to demand expungement of your DWI record and lawfully deny your involvement in any such scenario.
Some people are wrongfully convicted due to improper legal representation, judicial bias, misleading evidence, or some other procedural error at trial. If this happens, one can always appeal to a higher court for reconsideration. If your appeal is approved and the prior verdict is reversed, you gain eligibility for DWI record expungement.