What Is Expunction in Texas?

Expunction is a legal process for removing eligible arrest records from government records.

Depending on the applicable provision of Texas law, an expunction may be available when:

• You were acquitted at trial.
• Your criminal case was dismissed under qualifying circumstances.
• You were arrested but the required charging instrument was never presented.
• The applicable statute of limitations expired under circumstances specified by law.
• You qualify under another provision of Texas expunction law.
• You received certain qualifying relief based on actual innocence.

A dismissal by itself does not automatically guarantee expunction. The reason for the dismissal, the charges involved, and other circumstances of your case can affect eligibility.

What Is DWI Expunction?

DWI expunction is the process of seeking to remove eligible records associated with a DWI arrest.

If your Texas DWI case was dismissed or you were found not guilty, you may want to determine whether your arrest records qualify for expunction.

However, not every dismissed DWI can automatically be expunged.

The specific disposition of your DWI case matters. An attorney may need to review your court records, charging documents, arrest information, and the reason your DWI case was dismissed before determining whether you qualify.

What Does an Expunction Do?

A final expunction order can provide significant record-clearing relief.

Depending on the circumstances and applicable law, an expunction can affect records maintained by governmental agencies concerning the eligible arrest.

Texas law also provides protections concerning the release and use of records subject to a final expunction order.

Because the effect of an expunction can be significant, it is important to make sure the petition accurately identifies the records and agencies covered by the proceeding.

Does Expunction Remove a Texas Driver’s License Suspension?

Not necessarily.

An expunction of criminal arrest records is different from a driver’s-license suspension or revocation.

This distinction can be especially important in DWI cases.

A person may have both:

A criminal DWI case; and
A separate driver’s-license or administrative proceeding.

Clearing an eligible criminal arrest record does not necessarily mean that every separate Texas Department of Public Safety or driver’s-license record is removed.

If your DWI involved an ALR proceeding or license suspension, those issues should be evaluated separately.

Why Talk to Mimi Coffey About DWI Expunction?

Mimi Coffey is a Texas criminal defense attorney and the founder of The Coffey Firm. The Coffey Firm represents clients in the Dallas-Fort Worth area and throughout North Texas. Mimi Coffey is board-certified in DWI defense by the National College of DUI Defense and over 29 years of experience.

The Coffey Firm has offices in Fort Worth and Dallas, providing criminal defense representation throughout the DFW Metroplex.

If you have an old DWI arrest, dismissed criminal case, or other eligible arrest record, the first step is determining exactly what happened in the original case.

Contact Mimi Coffey and The Coffey Firm

If you have a DWI arrest, dismissed DWI, criminal arrest, or other record that you believe may qualify for expunction, Mimi Coffey and The Coffey Firm can review your situation and explain the legal options that may be available under Texas law.

Call The Coffey Firm to schedule a confidential consultation.

The Coffey Firm serves clients throughout Fort Worth, Dallas, Tarrant County, Dallas County, and North Texas.

Frequently Asked Questions About Texas Expunction

Can I expunge my DWI in Texas?

Possibly. Eligibility depends on how the DWI case ended and whether the requirements of Texas Chapter 55A are satisfied.

Can a dismissed DWI be expunged?

Some dismissed DWI cases may qualify for expunction. A dismissal alone does not automatically establish eligibility.

Can a DWI conviction be expunged?

Generally, a standard DWI conviction is not eligible for ordinary expunction. Certain narrow statutory exceptions may apply.

Does a not-guilty verdict qualify for expunction?

An acquittal can provide a statutory basis for expunction, subject to applicable requirements and exceptions.

Is expunction the same as expungement?

In Texas, expunction is the statutory term. “Expungement” is commonly used to describe the same general concept.

Is expunction the same as record sealing?

No. Expunction and nondisclosure are different forms of Texas criminal-record relief.

Does expunction remove my DWI from every record?

Not necessarily. Criminal arrest records and driver’s-license or administrative records can be treated differently under Texas law.

How do I know if I qualify for DWI expunction?

The most reliable way is to have the complete disposition of your DWI case reviewed, including the charge, dismissal or acquittal, court records, and other relevant records.