Galveston DWI Attorney - Can you get a DWI off your record?
For many individuals facing a driving while intoxicated (DWI) charge, one of the most pressing questions is whether it’s possible to remove the offense from their record. In Galveston County, Texas, the path to clearing a DWI from your record hinges on a few key legal options, all of which require strategic effort and, most importantly, the guidance of an experienced attorney.
The process begins with understanding that the only way to completely remove a DWI from your record is through an expunction, which is a legal mechanism that essentially erases the charge as if it never happened. To achieve an expunction, the case must either be dismissed or result in a not guilty verdict at trial. Hiring an attorney is the critical first step, as they can navigate the complexities of the legal system to pursue these outcomes. For those currently dealing with an active DWI case, an attorney can assess the weaknesses in the prosecution’s evidence and negotiate with the prosecutor to file a motion to dismiss. This might involve highlighting flaws in the case, such as issues with the traffic stop, field sobriety tests, or breathalyzer results.
Another route to dismissal is taking the case to trial. If the evidence is shaky or the prosecution cannot prove guilt beyond a reasonable doubt, a not guilty verdict can be secured, paving the way for an expunction. The feasibility of this approach depends heavily on the specifics of the case, which is where an attorney’s expertise becomes invaluable.
Beyond outright dismissal or trial, Galveston County offers alternatives like pre-trial intervention programs (PTIP), which can also lead to a dismissal and eligibility for expunction. PTIP typically involves completing certain requirements, such as community service or classes, after which the case may be dropped. However, not all resolutions qualify for expunction. For instance, deferred adjudication—a common plea option where a defendant pleads guilty or no contest and completes probation—does not lead to an expunction, even though it may result in a dismissal of sorts. Many people, especially those navigating the system without legal representation, mistakenly assume deferred adjudication will clear their record because online searches might suggest it involves a “dismissal.” In reality, deferred adjudication only makes someone eligible for a non-disclosure order, which seals the record from public view but doesn’t erase it entirely. Non-disclosure is a lesser remedy compared to expunction, as the record still exists and can be accessed in certain circumstances.
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