Dallas, TX asked in Criminal Law and DUI / DWI for Texas

Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

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2 Lawyer Answers
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Houston, TX

A: Unfortunately, unless the court made it part of your plea, you can not seal or expunge a DWI conviction in TX.

If it was part of a Deferred Adjudication, then there may be a chance for an expungement. But, I would need to see all the paperwork and the final judgment. If the case was Dismissed, by deferred, or otherwise, you can get it expunged.

I hope this helps.

Vonnie Clay Dones III
Vonnie Clay Dones III
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in Texas

A: In Texas, if a person received a deferred adjudication for a misdemeanor offense that person may be eligible for a sealing (non-disclosure), but NOT an expungement, if it has been two years since their case was dismissed and have no other DADJs. For DWI misdemeanor convictions, the waiting period would be 2 or 5 years depending on the circumstances of their case. However, in your case, you are likely not eligible for a nondisclosure order because your blood alcohol level for your DWI was above .15.

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