DWI in Travis county was reduced to obstruction deferred adjudication w 2 years probation. In Travis the dwi is dismissed and refiled under a different number for obstruction. I know that a motion for nondislosure can be filed for the obstruction two years after probation and I believe the DWI can be expunged since it was dismissed under separate case #. Thanks.
I've gotten expunctions for clients numerous times in Travis County who have been in this exact same situation.
The prohibition against expunctions of offenses arising from the same criminal episode is confined to the somewhat rare circumstance where there is an acquittal on one or more charges, but the petitioner remains subject to prosecution for other charges stemming from the same criminal episode. This is not applicable to your situation because by the time you're eligible for the expunction you will not be "subject to prosecution" for anything stemming from the DWI arrest.
You have to wait for the statute of limitations to expire on the DWI, which is 2 years from the date of arrest, except that the statute of limitations does not run while the "information" (the formal charging document) is pending. In Travis County there is a lag time of a few days to a couple of weeks between your arrest date and the date the County Attorney formally files the information with the clerk. So, technically there is a short span of time that counts toward the statute of limitations. The statute begins to run again on the date when your DWI dismissal is filed. So, for practical purposes, you can get the expunction 2 years after the DWI is dismissed.
An expunction probably won't fly, when there is a conviction arising from a single incident. I'm believe that your only remedy is the non disclosure, which will not prevent any officer from stopping you see that you slipped past a DWI. They will try to make the case that gets you, so on the street dealing with a cop is pretty much the same as having a DWI conviction.
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