Category: Expunction and Expungement

DWI Laws – How To Clean Up Your Record

Getting A Clean Record With The New DWI Law In 2018

Were you aware there is a new DWI law effective for 2018? Although many individuals are considering new travel experiences, new careers, or new fitness goals for the new year – it is quite different if you are beginning the year embroiled with the legal system.

Between all of the Christmas and New Year’s parties, along with all of the gatherings in between, many people start their year having to face a very expensive question: in Texas, what does a DWI cost? If you are one of these individuals, don’t give up; you don’t have to become another Texas DWI statistic. The state of Texas has a new DWI law. That means there is still time for you to fight back – even if you are facing charges from a DWI case or are struggling following a DWI conviction. Here is how you can start to seal your DWI records in the state of Texas.

Steps For Removing a DWI From Your Driving Record

Before looking into sealing your DWI record in the state of Texas, there will be a specific set of criteria that your case will have to meet to qualify under the new DWI law in Texas. The new DWI law was enacted in September, 2017 and is House Bill 1306 (referred to commonly as the Second Chance Bill). when to clean bed after starting ivermectin

This new DWI law enables certain drivers who have just one DWI conviction on their records the opportunity to have the charges sealed from the public record. When your charges are sealed, that means your DWI conviction will not be visible to landlords, employers, or crazy significant others who may conduct a preliminary background check on you. ivermectin drugs

Do You Meet These New DWI Law Requirements For Having Your Record Sealed in Texas?

  • You are eligible, under the new 2018 DWI law, for a “Second Chance” as long as your DWI conviction does meet these criteria:
  • At the time you were arrested your blood alcohol concentration (BAC) could not have exceeded 0.150.
  • Your DWI didn’t result in getting into an accident with another individual
  • You have completed all of the aspects that are part of your sentencing successfully, including court fees, fines, and probation.
  • You have a clean criminal history minus your one DWI – excluding traffic tickets.
  • Two years or more have passed since your DWI probation was completed.

If it sounds like you meet these criteria, the next best step you can take is to consult with a Houston DWI attorney is to help you start the process of getting your DWI records in the state of Texas.

If the chance for sealing your records in the state of Texas isn’t something you are convinced of quite yet, then think about how nice keeping your driving privileges in place will be, and not needing to roll the deice each time you apply for a job or not having to pass up on a nice apartment you want to rent.

“What Do I Do Next After Getting Charged With A DWI?”

If you were charged with a DWI recently in the state of Texas, then you will act quickly. You have just 15 days to get your driver’s license saved. The Texas Department of Public Safety, along with your criminal case, will pursue a license DWI suspension against you as well. You can only prevent that through contesting it at an ALR hearing. does ivermectin kill red mites on chickens Make sure you aren’t fooled since things will not slow down after that.

Getting your charges dropped or obtaining a “Not Guilty” verdict requires all of the factors involved in your case to be carefully analyzed. The video of your field sobriety test in Texas needs to be scrutinized, including the condition and cleanliness of the DWI blood test equipment that was utilized during your arrest. It takes time to build the best case possible, and each case is unique. The sooner you get an experienced DWI attorney hired to review your case, the sooner you will be to getting your freedom reclaimed.

Don’t Allow a DWI To Take Your Year Away

DWI charges and convictions make it difficult to take advantage of many opportunities in life. However, your freedom can be in reach still. Whether you are facing new DWI charges, or need help with getting your DWI conviction seal under the new 2018 DWI law, Jim Butler and his Butler Law Firm team are here to assist you. Your road to freedom begins today. Give us a call today to get a free consultation scheduled for your, or a loved one’s, DWI case.

 

Visit our blog for more related articles. We also invite you to contact or call us today if you are in need of the best DWI Law Attorney in Houston.

DWI’s Impacting A Good Portion Of Your Life

The Impact Of A DWI In Texas

Butler Law Firm | DWI In TexasWhen a person is arrested, they will often panic. This is especially true if this is a person’s first arrest. While it is never good to be arrested, it doesn’t have to be the end of the world. To put it into perspective, remember that just being arrested doesn’t mean you’re guilty. It also doesn’t mean you’ll be convicted of a crime. كيف تحصل على المال What it does mean is you should find an experienced attorney who specializes in Texas criminal law. If this is a DWI 1st offense, you should try and hire a criminal defense attorney who specializes in Texas DWI defense. They can answer all of your questions including how long does a DWI stay on your record?

Expunction And Expungement

Texas law allows certain criminal charges to be removed or eliminated from your criminal record. You must apply for this since the process is not automatic. Your attorney can help you with the process, but in Texas, most jurisdictions nor the State will not challenge a request for expungement. Depending on the crime, the State may challenge a request, but it’s always best to work with an experienced attorney when requesting criminal charges be removed from your criminal record.

Common Dispositions Of Criminal Cases

When a case is concluded, this is termed the disposition of the case. The disposition of an individual criminal case will depend on whether or not the charges can be expunged or removed from your criminal record. هايبر باي When you are arrested, there are several ways your case could end. The best disposition is the prosecutor drops the charges and decides not to pursue the case. When this happens, the charges will typically be dismissed. This often happens when the evidence is tainted or just isn’t strong enough to make the prosecution’s case. Evidence can be tainted because of an illegal search, a broken chain of custody or something else that can impact the veracity of the evidence.

There are times when a case is referred for deferred adjudication. Almost every state has some version of this process. For example, a DWI 1st offense may end in a plea bargain or deferred adjudication. The prosecution may offer to defer the charges if the accused will agree to meet a predetermined set of conditions within a certain period of time. Once these conditions are met, the prosecution agrees to dismiss all charges.

If you agree to this type of plea bargain, you will be given a plea agreement statement outlining the terms of the plea bargain. افتتاح اليورو 2022 You must sign this and a judge must accept it for the plea bargain to become official. You may have to agree to plead guilty or no contest to the charges. If you meet all the conditions within the time period, the charges will be dismissed. If you fail to meet the conditions, you may be convicted of all charges.

In Texas, your case may also proceed to court where you will either be found guilty or non-guilty. If you are found guilty, the disposition will be entered on your criminal record and unless expunged, will remain there.

How Disposition Can Impact Your Permanent Record

Chapter 55 of the Texas State Code provides for expunging or removing certain criminal convictions from an individual’s permanent record. There are certain conditions which must be met in order for a criminal conviction to be removed from a criminal record. This is a very complex procedure, but it is best to work with an experienced attorney throughout the process. They will be able to analyze your case to see if you might be eligible for expungement.

Under Texas law, a person may file for expunction under the following conditions:

  • They were tried for a crime and convicted but were pardoned
  • They were found not guilty by either a jury or a judge
  • They were charged with a crime, but were later released and were never convicted of the crime.
  • Under the above, the person must also not have been convicted of any felony or misdemeanor associated with the same crime. This is regardless of the statute of limitations. Also, a certain amount of time must have expired since the crime or the charges.

There are certain waiting periods for each class of crime before a person can ask for expungement:

Felonies – Three years from the first arrest
Class C Misdemeanors – Three years from the first arrest
Class A and B Misdemeanors – One year from the first arrest

How To Expunge A DWI Conviction

Every crime that happens in Texas is assigned severity level. This is the same with DWIs. Driving while Intoxicated or a DWI is typically considered a Class B Misdemeanor. The usual penalty if convicted of this crime is 72 hours in jail. If the accused was found with an open bottle of alcohol in their vehicle when arrested for a DWI, they will get six days and it is considered a Class A Misdemeanor. This means your penalty for a DWI 1st offense will depend on the circumstances of the crime.