By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Yes. There are two main ways.
The first and most common way is that you need to plead not guilty and have a trial. If you are acquitted, and you otherwise meet all the pre-requisites of Tex.Code.Crim.P. Chapter 55, then you will be eligible to have your file expunged.
The second, less common way, is for the statute of limitations to pass (2 years) without the case being on file. This could be from having your case dismissed by the district attorney’s office, from having a motion to suppress all the evidence granted, or from the police agency and/or district attorney’s office never filing your case after the arrest. In this scenario, an arrest could similarly be expunged under Chapter 55 of the Texas Penal Code.
Driving while intoxicated arrests cannot be non-disclosed. This is because there is no possibility of Deferred Adjudication on DWI cases. Drunk driving cases in Texas tend to be an all-or-nothing proposition that way.
*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any situation you should contact an attorney directly. Contacting the attorney through this forum does not create an attorney-client relationship. Communications through this forum are not confidential.