In Texas can I get a Class A Misdemeanor expunged if I served probation and the case was disposed?

Asked almost 3 years ago - Paris, TX

In 1994 at the age of 19 I was arrested for DWI. The case was dropped to a Class A Misdemeanor and I pleaded Nollo Contendre and served one year probation. The staus on my record shows that the case was disposed/CSCD. Can this case be expunged or do I have to file for non-disclosure?

Attorney answers (3)

  1. Stephen Neil Foster

    Contributor Level 15

    Answered . Hmm. DWI is currently a class B misdemeanor and it was at the time of your arrest. Class A is a more serious charge. Perhaps it was pled down from an "Intoxication Assault" or "Intoxication Manslaughter" charge?

    Regardless, if you received "Deferred Adjudication" you can likely get an order of non-disclosure. If it was regular probation you will need a pardon.

  2. Charles Elwood Soechting Jr.

    Contributor Level 17

    Answered . If you completed a deferred adjudication then no you cannot expunge. YOu can likely seal the offense which is almost as good as expunging but not as complete. Only offenses that are dismissed without deferred or that a jury acquits the defendant can be expunged.

    Good luck and feel free to contact me regarding your options sealing the arrest and procedural history.

  3. Matthew Ryan Montes

    Contributor Level 12

    Answered . Your case is a little perplexing because under current law, you're not allowed to receive deferred adjudication for a DWI. Thus you're not ever eligible for a non-disclosure. In your case since it was so long ago, if you received deferred and had the case dismissed, there is nothing in the non-disclosure statute that precludes you from getting it sealed.

    I'd recommend that you contact an attorney who can research the particulars of the case. I'd be happy to look into it.

    No attorney-client relationship is established by this posting. The information provided by the this attorney on... more

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