A DWI conviction feels permanent, and in many cases in Texas, it is. But not every DWI arrest ends in a conviction, and the difference between an arrest and a conviction determines whether Bexar County residents have any path to clearing that record.
When a DWI Arrest Can Be Expunged
If a DWI charge was dismissed, if the case resulted in an acquittal at trial, or if charges were never formally filed within the statute of limitations, the arrest itself is generally eligible for expunction under Texas law. This is true even though DWI arrests often come with an ALR license suspension proceeding attached, since that administrative process is separate from the underlying criminal case and does not by itself prevent expunction of a dismissed or acquitted charge.
When It Cannot Be Expunged
A completed DWI conviction, including one resolved through a straight guilty plea, generally cannot be expunged or sealed under Texas law. This is one of the more frustrating realities of Texas record law. Texas does not currently allow nondisclosure for most DWI convictions the way it does for many other first-time offenses, which means the conviction itself typically remains part of a person's permanent record. This is part of why fighting a DWI charge at the outset, rather than assuming a plea is the easiest path, matters so much for anyone concerned about their long-term record.
What About Deferred Disposition for DWI?
Texas law also restricts deferred adjudication for DWI in a way that does not apply to most other misdemeanors, which limits one of the more common routes to nondisclosure that exists for other charge types. This is another reason DWI cases benefit from being evaluated early, before a plea is entered, rather than after.
What Bexar County Residents Should Actually Check
Before assuming a DWI record is permanent, it is worth having an attorney pull the actual disposition of the case. Some older arrests never resulted in formal charges. Some cases were reduced to a different offense along the way. Some were dismissed as part of a plea to a related charge. Each of these outcomes changes the analysis, and many people are surprised to learn their specific case qualifies for expunction even though they assumed a DWI arrest automatically meant a lifetime record.
Find Out If Your DWI Case Qualifies
If you were arrested for DWI in Bexar County and are not sure whether the case was dismissed, reduced, or resulted in a conviction, Jim Wheat can pull the record and tell you where you stand. Learn more about expunction and record sealing and DWI defense in San Antonio, or schedule a free consultation by calling (210) 224-9300.