If you get DUI dismissed through a pre-trial diversion program, Will it still show as charge/arrest criminal record?

Asked almost 2 years ago - Houston, TX

I got a DWI case dismissed through a pre-trial diversion program,
1-) Will it still show as charge/arrest criminal record?
2-) What will show up in a background check for employment?

Attorney answers (5)

  1. Macy Michelle Jaggers


    Contributor Level 20


    Lawyers agree

    Answered . Yes the case will show until you have it expunged from your record. It never "drops off." You will need to hire an attorney to do this.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Carmen Mae Roe

    Contributor Level 7


    Lawyers agree


    Answered . A successfully completed pre-trial diversion should result In a dismissal. If someone looks at your criminal history it will show you were charged with a crime and it was dismissed. You can have the charge removed from your record by filing an expunction to "seal" the criminal charge from public view.

    Feel free to contact me directly if you have further questions or concerns.

    Carmen M. Roe

  3. Richard Timothy Jones

    Contributor Level 17


    Lawyers agree

    Answered . A successfully completed pretrial diversion DWI will show up as a dismissal. To get it removed from your record you will need to have it expunged.
    Austin Jail Release and Bond Assistance
    Austin DWI Lawyer
    Expungement Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  4. Lucio Antonio Montes

    Contributor Level 13


    Lawyers agree

    Answered . Yes, the charge and the arrest will still show up. It will show up as a case that was dismissed. Some of the contracts that people sign to receive the pre-trial diversion contain a condition that a person will not ask for an expunction sooner than a year or two after successfully completing the pre-trial diversion. Make sure that you review the contract that you signed and take it to your meeting with any defense attorney you wish to hire.

    Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not... more
  5. Charles K. Kenyon Jr.

    Contributor Level 20


    Lawyers agree

    Answered . You have answers from multiple fine Texas lawyers. You are lucky you live in Texas. In Wisconsin it is very difficult to get a dismissed case expunged or sealed.

    It will also depend on what kind of a background check is done. If that check includes arrests, it certainly will show up.

    Also, in Wisconsin, this would count as a "prior" if you were ever charged (again, in Wisconsin) with DUI/DWI/OWI. Wisconsin counts dismissed charges from other states.

    If you do seek expungement there, I would urge you to do so with the assistance of a lawyer. Many courts will not give you a second chance at this.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI and criminal records

An arrest for DUI will show on your arrest record, and a conviction for a DUI-related criminal offense will show on your criminal record.

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