Can I get a DWI off my record?

Expunge a DWI

If your DWI is dismissed (without being placed on probation) or you are acquitted at trial, then you are likely eligible for an expunction under Chapter 55A (formerly Chapter 55) of the Texas Code of Criminal Procedure. You can contact Cofer Luster Criminal Defense Lawyers to file a petition to expunge that DWI arrest.

If you are not eligible to expunge your DWI because you were convicted or placed on deferred adjudication probation, then you may be eligible to have the record sealed with an order of nondisclosure. Historically, you could not get an order of nondisclosure for DWI. In fact, until relatively recently, you could not get deferred adjudication for a DWI.

Now, the Texas Government Code has two provisions that allow someone to seal their DWI arrest with an order of nondisclosure, assuming other requirements are met.

Seal a DWI Deferred Adjudication Record with a Nondisclosure

Texas Government Code Section 411.0726 sets out the procedure for sealing the records of someone placed on deferred adjudication community supervision for certain Driving While Intoxicated misdemeanors.

That section only applies to people placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, Code of Criminal Procedure, for a misdemeanor Driving While Intoxicated (Penal Code Section 49.04) or Boating While Intoxicated (Penal Code 49.06), so long as, at the time of the person was placed on probation, the judge did not make a finding “that it is not in the best interest of justice that the defendant receive an automatic order of nondisclosure.”

Although someone may be otherwise eligible, the law has many exceptions that prevent someone from getting an order of nondisclosure to seal their DWI case (or get their DWI off of their record). For instance, you are not eligible if you have been previously convicted of or placed on deferred adjudication community supervision for another offense, other than a traffic offense that is punishable by fine only.

Also, a court may not issue an order of nondisclosure of criminal history record information for a DWI if the attorney representing the state (the prosecutor) presents evidence sufficient to the court demonstrating that the DWI for which the order is sought resulted in a motor vehicle collision involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure.

The procedure and evidence to petition the court under Section 411.0726 can be complicated, and if you mess it up, you may never get the chance to try again. You can contact Cofer Luster Criminal Defense Lawyers to file a petition to get the DWI off your record by sealing it with an order of nondisclosure. We are happy to help.

Seal a DWI Conviction With an Order of Nondisclosure

Texas Government Code Section 411.0731 sets out the procedure for getting an order of nondisclosure for certain Driving While Intoxicated convictions. This is a process for people placed on community supervision (probation) for a conviction of DWI unless a period of confinement was mandatory as a condition of probation. If a person’s DWI

probation was not revoked and the person completed the period of community supervision, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, they may petition the court that placed the person on community supervision for an order of nondisclosure of criminal records.

The court cannot grant a petition for an order of nondisclosure of the DWI if the prosecutor presents evidence sufficient to the court demonstrating that the DWI for which the order is sought resulted in a motor vehicle collision involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure.

It can be complicated to petition the court for an order of nondisclosure under Section 411.0731. If you make a mistake, you may never get the chance to petition the court again. You can contact Cofer Luster Criminal Defense Lawyers to file a petition to get the DWI off your record by sealing it with an order of nondisclosure. We are happy to help.

Attorney to Get DWI Off of My Record

Cofer Luster Criminal Defense Lawyers is a Texas criminal defense law firm. We handle criminal cases in state and federal court. This includes defending people accused of DWI or getting a DWI arrest off of someone’s record. If you are eligible, we can file a petition to expunge your DWI or get an order of nondisclosure. Call Cofer Luster to get your criminal record cleaned up.

For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102