Texas DUI Deferred Adjudication...Is it on any type of record?

Asked almost 5 years ago - Conroe, TX

I received a DUI roughly 9 yrs ago when I was 19. I was not arrested but was given a ticket and released to my parent on the side of the road. As stated I received deferred adjudication; since I was not arrested is their any way I can be connected to a DUI? To my knowledge an expungement has to do with the arrest record. My license was suspended so I do have that connecting factor. Also if looking for employment how would one go about explaining a suspended license. If I am not connected to a DUI then obviously I do not want to mention it. Thanks..BTW in TX DUI is different than a DWI..

Attorney answers (2)

  1. John M. Gioffredi

    Contributor Level 12

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    Answered . I must respectfully disagree with attorney Herman Martinez. There is a world of difference between a DWI and a DUI in the state of Texas. Just for starters, only persons under the age of 21 can get a DUI, but anyone can get a DWI. You can get deferred adjudication on a DUI (as you indicated you did), but you cannot get deferred on a DWI. In Texas, a DWI means "drunk driving." By definition, a DUI means that you were NOT drunk (otherwise, you would have been charged with DWI).

    As far as your records, since you were not arrested, there will be no ARREST record of the incident. No fingerprints or mugshots would have been taken, stored, or shipped around the country to the FBI, CIA, Homeland Security, Texas DPS, etc. as would have happened with an actual arrest. If a potential employer would check the public ARREST records, there should be no entry about the incident. Since it was only a citation, the ONLY place where there could be a record of the citation would be with the municipality where you were cited, for example, in the Conroe or Houston municipal court. An employer COULD search those records, but in my opinion it is highly unlikely that one would do so.

    For a future employer to check all of the available municipal records, the employer would have to individually check every single municipality in Texas, and there is well over 500 of them!

    And you may expunge the DUI charge if you wish, but the expunction does not erase (or expunge) the driver's license suspension. But as far as that goes, most driving record reports only go back 5 to 7 years.

    As far as explaining the DUI, just tell them you had a beer or two when you were 19, but you weren't intoxicated. If that isn't good enough for them, you may not want to work for them anyway! Turn it in your favor: I had access to alcohol when I was 19, but I was always responsible enough not to get intoxicated and drive. The DUI proves it!

    An expunction would cost you $750 to $1,250 or so. It would be worth it if it meant getting a better job, but I wouldn't think the chances of it costing you a job opportunity to be greater than 20% or so.

    Best of luck to you!

  2. Herman Martinez

    Pro

    Contributor Level 14

    Answered . Criminally there is no difference between a DUI and DWI in Texas. Also, in Texas you may not receive a deferred adjudication for a DWI/DUI. Furthermore, if you were not arrested it is unlikely that were charged with a DUI. If you received a deferred adjudication it is likely that it was for another type of offense. You should go to the courthouse were you got your deferred adjudication to determine the crime that you were actually charged with at that time. Your license may have been suspended because you were drinking alcohol while under the age of 21. If you sucessfully completed the deferred adjudication you may be entitled to petition for non disclosure. If this is granted you would not have to explain anything to a potential employer regarding your license suspension.

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