DUI Expungement in Texas
Under Texas law, there are two kinds of legal expunctions. The first is a common expunction which clears the offense from your record. The second is a petition for nondisclosure of criminal records which does not clear the record but bars law enforcement and legal officials from sharing the information with a third party.
Expungement of criminal record can only be performed under certain circumstances, including: a dismissed case, a grand jury no bill, the exoneration of the defendants, or a class C misdemeanor or below. Because all the crimes relating to DUI’s and DWI are at minimum class B misdemeanors, this means expungement is only possible without a conviction or if the defendant is later exonerated. For those who are serious about getting their DUI expunged from their record, it’s important to seek the help of a competent criminal defense attorney in Houston. It is rare that a person will successfully expunge their DUI without the assistance of an attorney.
A petition for nondisclosure of criminal records can only be entered after a deferred adjudication. A deferred adjudication is when the court actually finds the defendant guilty and suspends imposition of the jail sentence for a period of time or alternatively places a defendant on probation for a period of time and defers any finding of guilt unless and until the defendant successful completes the probation. Following the completion of probation that defendant need only notify the court with the appropriate forms.
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