Frisco Clearing DWI Records Lawyer
Can I Have My DWI Cleared in Texas?
From a young age, we learn the hazards and potentially dangerous consequences of drinking and driving. No one ever intends to endanger anyone else on the road, and most drivers want to be as responsible as possible. However, everyone makes mistakes. This includes driving while intoxicated. It’s much easier and much more common to get arrested for DWI than many people think. In fact, around 1.5 million people are arrested for DWI every year. This represents about one out of every 120 licensed drivers on the road. Out of those people arrested, the majority will never drink and drive again: only about 1/3 of people arrested each year for DWI have a prior record.
Driving while intoxicated (DWI) charges in Texas carry severe consequences, impacting a person’s reputation, career, and personal life. However, Texas also recognizes that mistakes happen and that most people convicted of DWI will never do it again. To give people a fresh start, Texas has provided an opportunity for individuals to expunge records related to a DWI arrest.
People who have been convicted of DWI or who receive either community supervision or deferred adjudication may be eligible for non-disclosure, allowing them to seal their DWI records. At Law Offices of Biederman & Burleson P.L.L.C., our DWI defense lawyers can provide guidance on the options that may be available, and we can represent clients who are looking to clear their records and move forward with their lives following DWI incidents.
Why Do I Need My DWI Arrest Cleared?
Some Texas cities have passed laws that prevent employers from asking about a prospective employee’s criminal history. However, generally speaking, under Texas law, employers can make inquiries about your criminal record, including arrests and convictions. The Texas Bar Association has even written a handbook for employers on how to handle job applicants with a criminal history.
Many prospective employers won’t think twice about an applicant who was arrested but not convicted. Even if you were found not guilty at trial, though, even having been arrested can carry a stigma. This is especially true if you actually went to trial. Many people have a “guilty until proven innocent” mentality. Additionally, landlords in Texas are permitted to run background checks on prospective tenants. Just having been arrested may not be the sole determining factor in deciding whether to rent to you, but landlords can consider it.
If you have had your record expunged, you do not have to disclose if you were arrested, even if asked. Even if you were convicted, there may be circumstances under which you qualify for non-disclosure.
What is Expunction?
Expunction, also known as expungement, is a legal process that allows a person to remove information about an arrest or criminal charge from their records. It is generally only available for people who have been arrested but not convicted of a crime. For example, suppose you were arrested for DWI in Collin County, but your case was either dismissed or you were found not guilty at trial. In this situation, you may be eligible for expunction.
Eligibility for expunction depends on a variety of factors, including the specifics of the case, whether other charges were involved, and your criminal history. For first-time DWI or second DWI charges, you will usually have to wait one year from the date of your arrest before you can have your record expunged. If there were other criminal charges involved, it could potentially impact your ability to have your record expunged. Texas allows itself a wide berth in determining whether someone is allowed to expunge their record. Each request is handled on a case-by-case basis. Various factors that may potentially impact your case include, but are not necessarily limited to:
- The Verdict in Your Case
- Your Age at Arrest
- Time Since Your Arrest
- Additional Charges Related to Your Arrest
- Your Prior Criminal Record
- Any Subsequent Arrests or Convictions
The precise circumstances of your arrest will impact your ability to request and receive expunction. If you believe you may be eligible for expunction, our experienced attorneys can evaluate your case, determine whether you meet the eligibility criteria, and help you complete the expunction process.
Can I Have My Record Expunged if I Was Convicted of DWI?
Expunction is generally not an option for people who have been convicted of DWI. However, the State of Texas still offers an opportunity to seal your DWI records under certain circumstances. This is called an order of non-disclosure. An order of non-disclosure is a special dispensation from the State that allows you to conceal specific aspects of your criminal history.
An order of non-disclosure does not necessarily wipe your entire criminal record. Rather, it eliminates specific convictions. However, if you only have one conviction and can obtain a non-disclosure, it could functionally be the same as having a clean record. While certain governmental agencies will still have access to your records, they will not be visible to employers, landlords, and most other people and organizations.
Obtaining an order of non-disclosure is a complex legal process. Not everyone who applies will necessarily receive one. This is why if you or a loved one has been convicted of DWI, contact one of our experienced attorneys.
How Can I Get an Order of Non-Disclosure?
Non-disclosure may be available in first-time DWI cases, including for people who are convicted or who receive probation or deferred adjudication. To be eligible for non-disclosure of a first-time DWI conviction, several conditions must be met. These include completing any imposed probation or jail time and fulfilling all terms of the sentence (such as fines, community service, and DWI education programs).
If a person completes deferred adjudication, they will be eligible to apply for non-disclosure right away. However, if a person is convicted of a first-time DWI, there will be a waiting period before they will be eligible to have their DWI records sealed. During this waiting period, it is essential to maintain a clean criminal record, as any new offenses can jeopardize the eligibility for non-disclosure.
If the person received community supervision and used an ignition interlock device for at least six months, they may apply for non-disclosure two years after completing their term of probation. If a person is convicted and uses an ignition interlock device for six months, they will be eligible for non-disclosure three years after completing their sentence. In other cases, the waiting period is five years.
Do I Need an Attorney to Obtain Expungement or Non-Disclosure?
Navigating the complexities of Texas DWI laws can be daunting. At the Law Offices of Biederman & Burleson P.L.L.C., our attorneys can offer invaluable assistance with expunction and non-disclosure, including but not necessarily limited to:
- Case Evaluation: We will meticulously review your case to determine your eligibility for expunging or sealing records related to a DWI arrest or conviction.
- Legal Guidance: We will provide you with clear explanations of your legal options and the procedures you will need to follow, helping you make informed decisions.
- Documentation and Filings: We will work with you to complete and submit the necessary legal documents, ensuring compliance with all procedural requirements.
- Representation: If a court hearing will be required, we can advocate on your behalf, demonstrating that you deserve to receive a fresh start with a clean criminal record.
What Should I Do if I’ve Been Arrested for DWI in Frisco?
DWI arrests are more common than many people realize. If you aren’t convicted, an arrest can still create potential difficulty for you down the road. If you are convicted, even a first-time offense could impact your ability to find a place to live or work. Additionally, the stigma of being a “drunk driver” could affect personal relationships or your standing within your community. Don’t let something that happens to many people bring your life to a halt. If you or a loved one has been arrested for or convicted of DWI, don’t hesitate to contact the Law Offices of Biederman & Burleson, P.L.L.C. We can help get your DWI expunged in Texas.
The attorneys at Biederman & Burleson have over 40 years of combined experience and have built their reputation on DWI cases. Our legal team knows DWI laws inside and out, and can apply our knowledge and experience to getting your arrest records expunged in Texas.
If you’re seeking to clear your DWI record in Collin County, partnering with a knowledgeable attorney is the best step you can take toward reclaiming your future. At the Law Offices of Biederman & Burleson P.L.L.C., we are dedicated to providing compassionate representation focused on achieving the best possible outcomes for our clients and working with them through the expungement process. We understand the profound impact a DWI record can have on your life, and we can help you navigate the legal system and seek relief. Don’t hesitate. If you or a loved one has been arrested for a DWI in Texas, contact us today at (469) 517-3364 to set up a free consultation.
