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DO I HAVE TO GO TO TRIAL IN TEXAS? |
Frisco Clearing DWI Records Lawyer
Collin County Criminal Defense Attorneys for Expunction and Non-Disclosure of DWI Records
Driving while intoxicated (DWI) charges in Texas carry severe consequences, impacting a person's reputation, career, and personal life. However, Texas law provides certain remedies for people who are seeking to clear their DWI records. In certain situations, it may be possible to expunge records related to a DWI arrest. Those who are convicted of DWI or receive 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.
Understanding Expunction in Texas
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. In Texas, expunction is typically available for people who were arrested for DWI but not convicted. This means that if your DWI charge in Collin County was dismissed, or if you were acquitted at trial, you might be eligible to have this charge completely erased from your record.
Eligibility for expunction depends on various factors, including the specifics of the case, whether other charges were involved, and your criminal history. For first-time DWI or second DWI charges, a waiting period of one year from the date of arrest will usually apply before an expunction will be granted. 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.
Non-Disclosure of DWI Convictions
For those who have been convicted of DWI, expunction generally will not be an option, but it may be possible to seal DWI records after a certain amount of time. By seeking an order of non-disclosure, a person may prevent their records from being accessed by the public. While certain government entities will still have access to the records, they will not be visible to employers, landlords, and most other people or organizations.
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 successfully 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 was convicted and used 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.
The Role of an Attorney in Clearing DWI Records
Navigating the complexities of Texas DWI laws can be daunting. At Law Offices of Biederman & Burleson P.L.L.C., our attorneys can offer invaluable assistance with expunction and non-disclosure, including:
- 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.
Contact Our Plano DWI Expunction and Non-Disclosure Attorneys
If you are 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 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. 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. Contact us at 469-333-3333 to set up a free consultation.