Tag: Dwi Attorney Houston Butler Law Firm

Can You Expunge a DUI?

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Houston DWI Attorney: Is It Possible To Expunge A DUI In The State Of Texas?

It is important to understand that a DWI conviction in itself can never be expunged, however, a DWI or DUI arrest and some other verdicts can if specific requirements are met. One of the most essential elements is whether the DWI arrest resulted in a finalized conviction. While it is possible for an attorney to lessen the charges, any conviction following a DWI arrest is going to be impossible to expunge in the state of Texas. The following is going to explain how to remove DWI or DUI charges from your record as long as certain requirements are met. A DWI Attorney Houston professional at the Butler Law Firm is available to speak with you about your DWI or DUI case. Legal representation is always important.

How To Qualify For A DUI Or DWI Expungement?

1) If your case was dismissed by the judge, the charges and arrest can be expunged as the case did not result in a final conviction. A final conviction also applies to any reduced or shifted charges. An example of this would be if your attorney was able to reduce the charges to a Class-C traffic violation, and the case is ultimately dismissed, the original arrest may be expunged. However, if that same case was found guilty on reduced charges, there is not a way to expunge the DWI from the records. The same is true from any final conviction that was the result of a plea deal.

2) If you plead not guilty and receive a not guilty verdict in court, you have the ability to expunge your DWI arrest and charges in Texas.

3) If you are arrested as a minor for your first DWI charge and are able to fulfill all court orders, you may be able to have the record expunged as an adult.

4) You may have a case that is deferred according to Texas law, this is ordered by judges to some first-time offenders, in which there is an absence of a conviction. If the probation is completed to the court’s satisfaction, you may be eligible to ask for a petition of non-disclosure, which will seal the record from being released by public agencies.

How To Get A DUI Record Expunged

Criminal background checks have become a way of life and it is almost impossible to avoid them. You will have a check run when you apply for a new job, apply for a loan or mortgage, or even move into a new apartment. Many colleges and graduate schools now ask for a criminal background check. لعبة الكازينو However, Texas law allows for individuals to have an adult criminal record cleared in specific circumstances. An example, if a Texas courtroom found you not-guilty, it is possible to have the arrest and case fully expunged. In addition, if the court dismissed the case, you can have the arrest record expunged. Lastly, if you appeal a conviction and the Texas Court of Criminal Appeals offers an acquittal, the record can be expunged. The state of Texas considers these procedures an act of Expunction. To hire a DWI Attorney Houston professional click here.

Asking For A Petition For Non-Disclosure

The only other option an adult individual would have to clear a criminal record in Texas is to ask for a petition for Non-Disclosure. A petition of non-disclosure is offered to individuals who have completed a deferred adjudication probation. When an individual is able to complete the adjudication probation and secures a petition for non-disclosure, they can have the offense sealed. If you are able to secure either a non-disclosure or an expunction, you have the ability to deny being arrested, with the exception of specific criminal proceedings. لعبه الطاوله This means that under the laws of Texas you will not have to state you were arrested when filling out for a job, loan, or housing if you have a non-disclosure petition or an expunged record.

Eligibility For Expunction And Non-Disclosure

If an individual completes a straight probation they will not be eligible for non-disclosure or expunction. In addition, any other final criminal convictions will not be erased from a criminal record. For example, it is not possible to have a DWI conviction sealed or expunged. If you were given jail time from the court, this is a final conviction that cannot be expunged or sealed. If you are not eligible for non-disclosure or expunction, there are still two ways available to try and clear a record. You may try to win a pardon from the governor or president. However, it is very difficult to win a pardon of this level. شركة بي اوت كيو The only other option you have is to file a writ of Habeas Corpus, and in this case, it is best to seek assistance from the best DWI attorney Houston has to offer.

For related content check our DWI attorney Houston blog. If you have any questions make sure to contact us by calling (713) 236-8744.

What You Can Expect From A Texas Courtroom For A DWI

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

Know 5 Things About Going To Court In Houston For A DWI

Butler Law Firm | Houston Texas CourtroomIf you get arrested and charged for DWI in the state of Texas, then you’re probably going to get released from the local jailhouse either on a bond or for another reason, even if you don’t get a full, clear explanation about what’s bound to happen. You’ll likely get a court date set, but that might be all the information you’re given.

Naturally, you want to turn things around in your favor and even fight successfully to maintain your rights, as well as your driving privileges, following a DWI arrest. العاب القمار اون لاين You also need to know and understand what you should expect in terms of an upcoming court date, possible hearings, and even potential trial activity. We’ve readied a handy list of five main things you should keep in mind while you go through this process. Of course, things always go better if you have a DWI attorney in Houston TX at your side, and if you want one, contact us immediately for someone you can trust to guide and represent you.

Keep reading to learn 5 things to remember if you are facing a DWI charge in criminal court:

Your rights don’t change:

If you’re headed for court for DWI, then you still have the same set of rights as anyone else accused of having committed a crime. You’re entitled to legal counsel and the freedom to not make statements that are self-incriminating. You might feel rather small when standing in front of a judge, but you’re not.

Dress appropriately:

Think of the courtroom as a professional area, such as a high-class office. Try to be clean and dress nicely. You don’t have to go out and buy yourself a new suit or fancy dress, but wearing flip-flops and shorts is entirely out of the question. In actuality, a lot of criminal courts aren’t even going to see you should you come in dressing too casual for their taste. Instead, you’ll get sent away for a new court date. If there is an enforced dress code in your local DWI court, then failing to meet it intentionally repeatedly can be treated as contempt of court, which is its own crime.

Plea deals aren’t always good deals:

If it’s your first appearance, you probably shouldn’t enter a guilty plea. A DWI case is a complicated one, and any good DWI attorney in Houston TX is going to need a fair amount of time to thoroughly investigate your case. كيفية لعب لعبة بينجو A DWI guilty plea in Texas is a permanent conviction that stays on your record for life.

The burden of proof rests on the state:

To get you convicted of something like driving while intoxicated, prosecutors have to convince a judge or jury of a certain set of facts. To summarize, the prosecution must prove beyond any reasonable doubt that you were, in fact, operating a motor vehicle in a Texas public place and that your BAC, or blood alcohol content, was high enough to render you legally intoxicated. They must also prove that this BAC happened because of alcohol consumption or drug use. If your DWI attorney in Houston TX is able to defeat even a single one of these points, then the entire case or argument against you might come unraveled.

You are free to think about appealing a negative finish:

In a DWI case, the defense can appeal any ruling or verdict that isn’t beneficial to the specific defendant. Appeals are often dependent on judicial or factual errors that happened during the hearing or trial that might have altered the eventual outcome. Don’t expect any appeal to be successful if gets filed just because you don’t personally care for how things turned out. شرح لعبه البوكر Alternatively, the prosecution is not allowed to appeal if they take a case to trial and then lose.

Remember this: If you’re preparing to go into a Texas courtroom for a case like this and you have no idea what to do, then don’t go solo. Start building a robust defense this very minute by contacting our law firm for a DWI attorney in Houston TX consultation. Call today for more information!