Expunction & “Criminal Episodes”
Expunctions are already extremely rare and difficult to obtain. They become much more complex if you face multiple charges. To obtain an expunction, there are certain requirements that you must meet. However, even if you are eligible on one charge, you may be ineligible on another depending on your arrest.
Texas Code of Criminal Procedure § 55.01 deals with expunctions. Specifically, subsection (c) states, in essence, that a court may not grant an expunction of one charge if the person is still subject to prosecution (or was convicted for) another offense from the same “criminal episode.” Section 3.01 of the Texas Penal Code defines a “criminal episode” as:
- A commission of two or more offenses, regardless of whether the actor directs or inflicts the harm on more than one person or item of property, under the following circumstances:
- the offenses are committed pursuant to [transactions] that are connected or constitute a common scheme or plan; or
- the offenses are the repeated commission of the same or similar offenses.
Here is where the law gets more ridiculous. Do you see the “same or similar offenses” language above? Courts interpret that language to mean that a second DWI is NOT eligible for expunction. Unfortunately, a DWI 2 is a “similar” offense to a first-time DWI, so even a “not guilty” does not help.
- You cannot have the court expunge a dismissed charged if there is a “companion” case
- You cannot expunge a second-time offense because it is a “similar” offense.
More about Mimi Coffey
When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.
Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.