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I got a dwi reduced to an obstruction in san marcos. i took a time served and did no probation. can i get the dwi expunged?

San Antonio, TX |

i want to get it off my record because i applied for a job out of state and was denied because of criminal background check.

Attorney Answers 3

  1. Unfortunately, you will not be able to get the DWI expunged because it arose out of the same "criminal episode" in which you were convicted of another crime. If the "other crime" is a class C deferred disposition that would qualify for an expunction on its own, then you would possibly have a different result. But, the obstruction is a class B conviction that is not eligible for expunction and therefore it is the conviction for an offense arising out of the same "criminal episode" that will prevent you from obtaining the expunction.

    This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with a criminal defense attorney.

  2. If you had an attorney on the matter, give them a call. With that being said, Ms. Soyars's thoughtful analysis and advice appears solid. Good luck.

    Jasen Nielsen

  3. Unfortunately not, the first response is spot on, since it is arising out of the same "criminal episode" it is there to stay.

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