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Can I get DWI expunged in Texas
- Thread starter Kruth325
- Start date
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CavemanLawyer
Senior Member
Expunctions are for when you are found not guilty or the case is dismissed based on certain qualifying reasons, or dismissed and the statute of limitations has run.
There are also petitions for non-disclosure for when you complete deferred adjudication probation and the charge is never adjudicated.
When you are found guilty either through a formal trial or through a plea, (assuming nothing changes on appeal) there is nothing you can do to erase, seal, or limit that record from public disclosure short of getting a pardon from Governor. A conviction is forever in Texas.
There are also petitions for non-disclosure for when you complete deferred adjudication probation and the charge is never adjudicated.
When you are found guilty either through a formal trial or through a plea, (assuming nothing changes on appeal) there is nothing you can do to erase, seal, or limit that record from public disclosure short of getting a pardon from Governor. A conviction is forever in Texas.
Can I get DWI Expunged in Texas? Convicted July 2003
First of all, I would like to thank you Caveman for his response, I truly appreciate the reply. I also want to apologize if this message is a bit long, I wanted to make sure I painted the whole picture for you and laid out all the facts. Any input would be greatly appreciated!
It was almost 8 years ago when I was charged with DWI and i don't know if I did deferred adjudication. Do you know the best way for me to go about finding this out? Or is this something I should know? Keep in mind, I had just turned 18 and had no idea what I was doing! And I obviously still have some issues with that!!
You stated, "When you are found guilty either through a formal trial or through a plea, (assuming nothing changes on appeal)." I did not appeal, is this something I could still do? Or, is it way too late for that? I know it's too late to appeal the conviction, but is there anyway to appeal for expungement?
You say there is nothing I can do short of getting a pardon from the Governor, is this actually an option? Or something I would have a shot at?
The reason I am trying to find this out is because I am looking for a new job. In 2008, when I graduated college, I "almost" had job lined up. Basically, the company had 8 positions open for graduated in my major and I was pretty much promised a job. I was about to fly out to the Dallas, the company headquarters, for orientation and introductions. Four days prior to this I was asked to fill out some type of basic information about myself on an online questionnaire sort of thing. One of the questions was, "Have you ever been convicted of a crime...etc" Well, I obviously had been and I explained the circumstances of my DWI. Later that day, I received a call from the company and they said they were not able to hire me because of this.
At this time, I am interested in a similar job with a different company, I believe the same rules apply as far as the DWI conviction and I don't want the same thing to happen.
I have several friends who had DUI's or DWI's, even multiple ones. But, I believe they took pleas and were not technically "convicted."
However, I do have one friend that worked for both companies, the company I applied for in 2008 and the company I am interested in now and he was actually convicted of DWI.
I spoke with him a few days ago and he told me that in fact he was convicted of DWI in Lubbock. He told me that he paid a lawyer a lot of money to get the DWI conviction off of his record after his conviction and he did not do deferred adjudication. He said the lawyer that he paid did something with the DA to get the DWI conviction changed to Deadly Conduct and he was able to get the job. I don't know if what was done between the lawyer and the DA was exactly legal, but it worked for him.
I am wondering if this was something shady or if something of this nature could be an option for me?
I have heard from several different people that after 9 years, or something close. that you are able to get a DWI expunged off your record. Form what you said, this does not sound true.
I just want to know are any steps I can take in order to get the DWI off my record or at least any steps to take to attempt to get the DWI off my record? I am definitely willing to try.
I don't want a mistake I made 8 years ago when I was barely 18 to have an impact on me being able to get a job today. I have ABSOLUTELY and COMPLETELY learned my lesson the hard way. I know that these words don't necessarily have any impact on who is doing the hiring, it is just company policy.
Is there any advice you can give me? Is it possible that I may have a shot of getting the DWI expunged? Do you have any ideas as far as steps I can take to find the answer to this? Please help!
Oh, and by the way, I was not in a car wreck or anything of the sort. I was pulled over for not signaling a lane change.
First of all, I would like to thank you Caveman for his response, I truly appreciate the reply. I also want to apologize if this message is a bit long, I wanted to make sure I painted the whole picture for you and laid out all the facts. Any input would be greatly appreciated!
It was almost 8 years ago when I was charged with DWI and i don't know if I did deferred adjudication. Do you know the best way for me to go about finding this out? Or is this something I should know? Keep in mind, I had just turned 18 and had no idea what I was doing! And I obviously still have some issues with that!!
You stated, "When you are found guilty either through a formal trial or through a plea, (assuming nothing changes on appeal)." I did not appeal, is this something I could still do? Or, is it way too late for that? I know it's too late to appeal the conviction, but is there anyway to appeal for expungement?
You say there is nothing I can do short of getting a pardon from the Governor, is this actually an option? Or something I would have a shot at?
The reason I am trying to find this out is because I am looking for a new job. In 2008, when I graduated college, I "almost" had job lined up. Basically, the company had 8 positions open for graduated in my major and I was pretty much promised a job. I was about to fly out to the Dallas, the company headquarters, for orientation and introductions. Four days prior to this I was asked to fill out some type of basic information about myself on an online questionnaire sort of thing. One of the questions was, "Have you ever been convicted of a crime...etc" Well, I obviously had been and I explained the circumstances of my DWI. Later that day, I received a call from the company and they said they were not able to hire me because of this.
At this time, I am interested in a similar job with a different company, I believe the same rules apply as far as the DWI conviction and I don't want the same thing to happen.
I have several friends who had DUI's or DWI's, even multiple ones. But, I believe they took pleas and were not technically "convicted."
However, I do have one friend that worked for both companies, the company I applied for in 2008 and the company I am interested in now and he was actually convicted of DWI.
I spoke with him a few days ago and he told me that in fact he was convicted of DWI in Lubbock. He told me that he paid a lawyer a lot of money to get the DWI conviction off of his record after his conviction and he did not do deferred adjudication. He said the lawyer that he paid did something with the DA to get the DWI conviction changed to Deadly Conduct and he was able to get the job. I don't know if what was done between the lawyer and the DA was exactly legal, but it worked for him.
I am wondering if this was something shady or if something of this nature could be an option for me?
I have heard from several different people that after 9 years, or something close. that you are able to get a DWI expunged off your record. Form what you said, this does not sound true.
I just want to know are any steps I can take in order to get the DWI off my record or at least any steps to take to attempt to get the DWI off my record? I am definitely willing to try.
I don't want a mistake I made 8 years ago when I was barely 18 to have an impact on me being able to get a job today. I have ABSOLUTELY and COMPLETELY learned my lesson the hard way. I know that these words don't necessarily have any impact on who is doing the hiring, it is just company policy.
Is there any advice you can give me? Is it possible that I may have a shot of getting the DWI expunged? Do you have any ideas as far as steps I can take to find the answer to this? Please help!
Oh, and by the way, I was not in a car wreck or anything of the sort. I was pulled over for not signaling a lane change.
CavemanLawyer
Senior Member
Many years ago it was possible to get deferred adjudication on the charge of DWI but not anymore. I do not remember off hand what year the change happened but it was definitely longer than 8 years ago. If your charge is DWI and you did not plea bargain to another offense then you were definitely convicted. It sounds like you actually went to trial on DWI, so I can assure you that you are convicted. If you want to absolutely verify this then you can obtain the judgment of your conviction from the county clerk of whatever county this happened in.
It is possible to plea bargain any case to whatever offense both parties are agreeable to. It is not uncommon for DWI's to be plead as deadly conduct, obstruction of a highway, reckless driving, or in extreme cases even public intoxication. The time for a plea bargain is before conviction. I am sorry but you were convicted of DWI and that is it. You've only got thirty days after conviction to file notice of appeal.
The only post conviction action that can be taken after the appellate time limit has run is a post conviction writ which has to be based on some major illegality in your case. You would need to consult with an attorney that specializes in writs to look into this issue but you are probably talking about a one in a million shot. Other than that the only remedy is a pardon from the Governor which just plain almost never happens. Honestly no, there really is no sense in applying for a pardon.
A conviction for a class B misdemeanor or higher (DWI is a class B) is forever in Texas. Nothing happens in 10 years, nothing happens in 100 years. The record of conviction will never go away for as long as Texas and the United States continues to maintain records of convictions. Sorry.
It is possible to plea bargain any case to whatever offense both parties are agreeable to. It is not uncommon for DWI's to be plead as deadly conduct, obstruction of a highway, reckless driving, or in extreme cases even public intoxication. The time for a plea bargain is before conviction. I am sorry but you were convicted of DWI and that is it. You've only got thirty days after conviction to file notice of appeal.
The only post conviction action that can be taken after the appellate time limit has run is a post conviction writ which has to be based on some major illegality in your case. You would need to consult with an attorney that specializes in writs to look into this issue but you are probably talking about a one in a million shot. Other than that the only remedy is a pardon from the Governor which just plain almost never happens. Honestly no, there really is no sense in applying for a pardon.
A conviction for a class B misdemeanor or higher (DWI is a class B) is forever in Texas. Nothing happens in 10 years, nothing happens in 100 years. The record of conviction will never go away for as long as Texas and the United States continues to maintain records of convictions. Sorry.
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