Can I get my old DWI case off my record?

The answer depends on the final outcome of the your previous DWI.  The only way to remove an old DWI case from your record is if your previous case was dismissed or if you were found "not guilty" by a judge or jury.   If you were convicted and paid a fine, went to jail or were on probation, you are not eligible to have your record cleared.

If your case was dismissed and the statute of limitation has run (2 years on a misdemeanor case) or you were found "not guilty" by a judge or jury, the legal process to remove your DWI case from your record is called an expunction.  The expunction process is governed by Texas Code of Criminal Procedure, Article 55

The expunction process can take several months to complete.  In a nutshell, your DWI lawyer would file a Petition for Expunction asking a District Court Judge to order the entities that were involved in your DWI case to destroy any and all records relating to your DWI arrest.

Amazing Harris County DWI Statistics

I ran into a lawyer friend and colleague, Mark Bennett, at the Harris County courthouse and we were discussing Harris County DWI arrests and conviction rates.  Mark Bennett writes:

94.5%. That’s the fraction of the 713 people in Harris County whose cases were resolved in the first five months of this year after they refused to plead guilty who beat their cases—got them dismissed or got acquitted.

Wow, this is an amazing number that surprised me when I heard it.  The number, unfortunately, is directly related to the DWI lawyer that you hire to represent you in your DWI.  What do I mean that the number is related to the attorney you hire.  Well, there are many lawyers that represent clients on DWI cases that never go to trial on those DWI cases and never require the government to produce witnesses and provide evidence.  If you are looking to challenge your DWI and win your case, you need to hire a lawyer that is going to go the distance with you and have a jury trial if necessary to protect your DWI rights. 

There is an old phrase out there, "Good things happen when you go to trial."  If you stand in front of a Judge and plead guilty to a DWI, you are 100% of the time going to be found Guilty.  According to the statistics, however, if you stand up and say "Not Guilty" you have a great chance of winning your Houston DWI case.

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