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Does a DWI Fall Off Your Criminal History in Texas?

Updated: Mar 19, 2024 @ 9:19 pm

Less than 1 minute Reading Time: Minutes

Maybe you have heard that if you file for bankruptcy, it will eventually “fall off” your credit report. For example, a Chapter 7 should fall off after 10 years. Many people wonder if the same is true of a DWI charge.

With optimism, they call our firm and ask, “How long until my DWI falls off my record?”

The answer is: never.

Once a DWI conviction is on your record, you generally can’t get it off. There is a narrow exception, which we will discuss in this article. But anyone facing DWI charges should aggressively fight the charge to protect their future. Call Tad Nelson & Associates today to speak with our DWI defense lawyer.

Criminal Histories Are Forever

A criminal history is created as soon as you are arrested for a crime. Any conviction will also be included. Criminal histories are usually publicly accessible, meaning anyone with your name and a credit card could buy a report and find out about arrests and convictions.

For this reason, your DWI will never “fall off” the report. It is there for life. You might find yourself having to answer questions about a DWI in:

  • A job interview
  • An interview for an apartment
  • A college admissions interview
  • When applying for a professional license

Why it Pays to Fight

Putting up a strong defense works to your advantage. You might get the charges dismissed or even beat the rap in a trial. Of course, an acquittal doesn’t immediately wipe out the record of arrest. But you can at least answer honestly that you were acquitted. Mistaken arrests do happen.

If you fight, you might also get the charges reduced. At Tad Nelson & Associates, we can often get a DWI charge reduced to reckless driving or a traffic citation. We might even convince the prosecution to drop the charges entirely, once we point out the weaknesses in the evidence against you.

Sealing or Expunging Your Record

Our firm can also help clients with removing their criminal record from public view. This is possible, even with a DWI, but only in limited situations.

For example, you can seal your records if you get an Order of Nondisclosure. Only some DWIs are eligible. Once sealed, you can claim the DWI never happened in a job interview or when filling out an apartment application. You might be eligible if you have no other criminal history, and no one was hurt in your DWI. You also must have paid all fines and completed other court orders. Contact us to see if you qualify for an Order of Nondisclosure.

You might also seek an expunction of your record, which will destroy it. You might be eligible if you were ultimately acquitted or found innocent, or if the case was dismissed or you were never charged.

Be Proactive–Call Us to Schedule a Consultation

DWI defendants are usually more satisfied with the process when they are proactive. Don’t wait for the other side to make a generous plea offer. Instead, call our firm to speak with our Houston DWI attorney about your case.

Houston DWI Lawyer Tad A Nelson is Board Certified in Criminal Law by the TBLS.

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