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In Texas, you cannot get a DWI conviction expunged. Now you could get a driving while intoxicated arrest expunged but only if it was either outright dismissed or you were found not guilty at trial. Those are the only two ways to get it expunged itself. Now what you will commonly see is the prosecutors will come back and they’ll offer a reduction of the charge. Let’s say we’re going through the process and a prosecutor agrees to reduce your charge to obstruction of a highway, which is a commonplace feeler when they reduce a DWI.
What happens is the dismissal of the DWI charge itself and then a refile as the obstruction of a highway charge, which is not alcohol related, you don’t have the surcharges that go with it but because it’s a reduction not an outright dismissal you can’t get that expunged. So that will still show as DWI arrest but the final disposition was obstruction of a highway.
It’s important you find an attorney that knows what they’re doing that knows the DWI laws and the cases and what to look for when they’re fighting your case.
UPDATE: Texas does not allow a person to expunge a DWI under current law. However, a recent bill passed allows a person to seal the conviction from a criminal history check under certain conditions.
Proven Defense by a Former Law Enforcement Officer
Many people who are charged with an Austin DWI just assume there is no way to fight it. They think the best they can hope for is a smaller fine or a reduction in the amount of time they lose their license. We focus on defending anyone accused of a DWI. With the right legal counsel, there are other outcomes. Depending on the facts of the case, what if…
- Instead of months of suspension, you don’t lose your license at all?
- Instead of making a deal for probation, you never get convicted?
- Instead of having a DWI conviction, your record stays clean?
- Instead of cutting bad deals, you get a vigorous DWI defense?
While every case depends on the facts and circumstances at play, mounting an aggressive defense to DWI charges may be your best option. The Austin Criminal Defense attorneys at Stephen T Bowling, P.C., handle all drunk driving cases, defending clients in both the criminal proceedings and driver’s license hearings.
Don’t trust just anyone with your DWI defense. Contact the law firm of Stephen T Bowling, PC, by e-mail or call us at 512-599-9000 to schedule your free consultation with an Austin DWI lawyer to discover some strategies we pursue in defending Austin Driving While Intoxicated cases.
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