DWI Expunctions

• Author: Deandra M. Grant/Kimberly Griffin Tucker
• Pages: 405-432

12-405

CHAPTER 12

DWI EXPUNCTIONS

I. Introduction

§12:01 Purpose of Expunction

§12:02 Educating Your Client

II. When Is a DWI Eligible for Expunction?

§12:10 In General

A. Acquittals, Pardons, and Overturned Convictions

§12:20 Not Guilty Expunctions

§12:21 Timeline for Expunction of Acquittals

§12:22 Pardons

§12:23 Overturned Convictions

B. Charges Not Filed or Formally Filed and Subsequently Dismissed

§12:30 Entitlement to Expunction

§12:31 The Statute of Limitations Issue

III. Procedure

§12:40 Basics

§12:41 When Petition May Include More Than One Arrest

§12:42 Drafting the Petition in General

§12:43 Who Seeks Expunction

§12:44 What Petitioner Wants to Expunge and From Whom Relief Is Requested

§12:45 Why Petitioner Is Entitled to Expunction

§12:46 Review and Signing

§12:47 Attachments

§12:48 Hearing and Notice

§12:49 Drafting the Order

§12:50 State’s Response and the Day of the Hearing

IV. Potential Problems and Partial Expunctions

§12:60 Situation #1: Client Offered Plea to Different Offense

§12:61 Situation #2: Acquitted Client Subject to Prosecution for Another Offense

§12:62 Situation #3: Client Charged With DWI and Another Charge, But the Other

Charge Is Dismissed

V. Effect of Expunction and Remedies for Violation

§12:70 Effect

§12:71 Consequences of Violating an Expunction Order

Texas DWI Manual 12-406

VI. Forms

12-1 Verified Petition for Expunction—Acquittal

12-2 Order Expunction—Acquittal

12-3 Verified Petition for Expunction—Case Not Filed

12-4 Order for Expunction—Case Not Filed

12-5 Verified Petition for Expunction—Dismissal

12-6 Order for Expunction—Dismissal

12-7 Letter to DPS Requesting Removal of Records

12-8 Letter to Public Data Requesting Removal of Records