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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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.
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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