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

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

Posted

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
713.236.7755
www.carmenroe.com

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4 comments

Asker

Posted

Thanks a lot for your answer Carmen, do you mind to answer two more questions? how this record can affect me if I am applying for a new job and my potential new employer see it? 2-) How long the expunction process can take from filing the case until getting all the records destroyed?

Carmen Mae Roe

Carmen Mae Roe

Posted

It depends on the employer. Probably the more professional the position the more important it is to get it removed. Generally 30 days and it's done

Asker

Posted

I’m in the process to hire an expunction attorney. I’ve spoken with a few already and when I asked about the timing, they gave me different answers ranging from 3 months to 6 or even 8 months. From your experience, how long do you think would be a realistic time to get this done? The case is in the Montgomery District Court. Do you know what are the steps involved and how long each of them take? I am in the process of applying for a high-profile technical role in private, multi-national company. Once again thanks a lot for your imput.

Carmen Mae Roe

Carmen Mae Roe

Posted

It does depend on the county etc but generally it can be done within 30 days. since it goes through so many agencies it can be unpredictable when there is a snag. if you would like to call me and setup and appointment I am happy to help. I have experience in Montgomery County and I do not think there would be a problem getting it done.

Posted

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 offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Asker

Posted

Thanks for your reply Macy. I'm in the process of getting an expunction lawyer, but when I've asked how long the expunction process could take, I've got all sort of answers, from 3 months to 10 months. From your experience, how long do you think it would take from filing the case until all records are destroyed?

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

I'm not sure in Houston. In Dallas it is about six months (but sometimes longer). Once the attorney files it, it's hurry up and wait.

Posted

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.
www.austincriminaldefenseattorney.com
512-495-1813
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 relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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Posted

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 intended to be a binding legal opinion nor to create an attorney-client relationship.

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Posted

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 IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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