How can I get a DWI off my record?
At the Coffey Firm, we understand that sealing a DWI is still a “fake” measure. A Deferred Adjudication DWI is still a “conviction” if you get another DWI. The government can still see sealed DWIs at all times. Our main goal is to avoid a DWI if possible, including fake dismissal DWIs. The Coffey Firm will fight to get, and keep, a DWI off your record.
A very common question for anyone with a DWI on their record is whether it will stay on their record. Similarly, many ask if there is a way to get a DWI off their record. The general answer for both questions is yes. But, getting a DWI off your record is possible in some situations. Though far from easy, the law allows for sealing of some DWIs. When a DWI is sealed, it means that it stays on your record but does not appear on some background checks. It also means that you do not have to disclose the DWI on most applications. Contact an Experienced DWI Lawyer at The Coffey Firm to discuss how to get a DWI off your record.
Getting a DWI off your record
Though each disposition (probation, DFAJ, etc.) have unique requirements, all DWI Nondisclosures share some basic eligibility requirements:
- Must be a Class B offense. In other words, it must be a first-time DWI and you must not have a alcohol concentration of .15 or more.
- A reduction to a Class B is fine for eligibility. This might happen, for example, if the DWI Blood Test is not accurate.
- The DWI must not have involved an accident involving another person (including a passenger).
- Injury to another person is not a requirement, only that it involved another person. Even a minor accident can impact eligibility for getting a DWI off your record.
- You are INELIGIBLE for a nondisclosure if you have EVER been convicted of or placed on deferred adjudication for ANY offense other than a traffic ticket punishable by fine only.
Sealing a Deferred Adjudication DWI
On top of the basic requirements above, there is one additional eligibility requirement:
- You are INELIGIBLE if, at the time of the offense, you held a commercial driver’s license or commercial driver’s permit.
The applicable waiting period to petition for a Deferred Adjudication DWI Non-Disclosure is two years after discharge and dismissal, regardless of whether interlock was a requirement.
Getting DWI Probation off your record
On top of the basic requirements, there are a couple additional requirements:
- Must have fully completed DWI probation (including serving any time of confinement and paying any fines)
- Must not have probation revoked
There are two applicable waiting periods depending on interlock status:
- TWO YEARS after completion of probation IF a condition of probation required installation of an interlock device for AT LEAST 6 months
- FIVE YEARS after completion of probation IF there was no interlock requirement OR if the interlock requirement lasted LESS than 6 months.
Sealing a DWI Conviction
Similar to the probation requirement, you must fully complete any term of confinement imposed and pay any fines imposed. However, there is one small difference:
- If you lose eligibility due to revoked probation you MAY be eligible under this section (depending on the facts of the case).
There are two applicable waiting periods depending on interlock:
- THREE YEARS after completion of sentence if a condition of the sentence required installation of an interlock for AT LEAST 6 months.
- FIVE YEARS after completion of sentence if there was no interlock requirement OR if the interlock requirement lasted LESS THAN 6 months.
More about Mimi Coffey & The Coffey Firm
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.
The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to seal your record or avoid probation revocation.
Mimi is also listed on several “top criminal lawyer near me” 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.