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Can I get a DWI from when I was 17 off my record.

Harker Heights, TX |

I got a DWI in 2002 when I was 17. I pleaded guilty and at that time had to do nothing but pay fines. I got a 2nd one in 2009 but it finally went to court in 2011. I pleaded guilty to this one and had a year probation. Is it possible to get the 1st one removed or should I even try?

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Attorney answers 4


I am sorry that you were not properly informed. However any conviction in the State of Texas that occurred on or after January 1, 1984 is a PERMANENT conviction and CANNOT be erased or removed from your record for any reason.

Based on your question, I feel that should inform you that the probation you received for your second offense for DWI in 2011 means that if for ANY reason you are charged with DWI again in the State of Texas, the charge will be a felony level offense. DWI is a very serious matter and you need to be very careful due to your history.

Good luck,
Martin Zimmerman

Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone


You cannot get it removed as a practical matter, although there are legal options to try if you have lots of money and an excellent lawyer. Unless Your case is an example of the tragedy of our DWI legal system. A young man gets a criminal record for life for a youthful indiscretion and, because of the 2d, you face the prospect of getting a felony on your record if you ever drink and drive again.


Unfortunately the answer is no.. You now have two final convictions for DWI. If you are charged again, it will be a Felony.

James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. Pardon my typing and or grammar,I am sending from my i-phone.I only represent people accused of DWI in Texas. My answer is based upon the limited amount of information supplied in your question. The answers I give on this site are intended for general educational purposes only. If you already have an attorney, I always suggest that you consult with that attorney first.


The only distinction I would make from my colleagues is to confirm that what you pled to when you were 17 was a DWI and not a DUI. A person under 21 can be given a class C DUI citation instead of a DWI. Even if you pled guilty to a DUI, if you were placed on deferred it can be expunged. If you're not sure what you pled to, consult a local defense attorney to look into the case for you.

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