Dismissed Case Expunction

Eligibility Checklist

Step 1: Offense Type

• ☑ Your case was for Driving While Intoxicated (DWI, Penal Code § 49.04) or Boating While Intoxicated (BWI, Penal Code § 49.06) .
• ☑ It was a misdemeanor only (no felony intoxication offenses).

Step 2: BAC Level

• ☑ Your blood alcohol concentration (BAC) was less than 0.15 at the time of the offense.
• ❌ If BAC ≥ 0.15, you are not eligible under this statute.

Step 3: Completion of Sentence

• ☑ You completed all terms of your sentence, community supervision (probation), or deferred adjudication.
• ☑ All fines, fees, restitution, and treatment/education programs have been satisfied.

Step 4: Waiting Period

• ☑ 2 years have passed since completion of your sentence if the court required you to use an ignition interlock device.
• ☑ 5 years have passed since completion of your sentence if no ignition interlock was required.

Step 5: Prior Record

• ☑ You have no prior convictions or deferred adjudications, other than fine-only traffic tickets.

Step 6: Disqualifying Offenses

• ❌ You were not convicted of, or placed on deferred adjudication for, an offense listed in Tex. Gov’t Code § 411.074, including:
• Family violence offenses
• Sex offenses requiring registration
• Aggravated assault, trafficking, or other violent crimes

Step 7: Current Status

• ☑ You have no pending criminal charges.

Step 8: Court Discretion

• ☑ The judge finds that granting nondisclosure is in the best interest of justice.
• The District Attorney is given notice and may contest eligibility.

Prepared by Expungement.Legal – DIY Expunctions & Nondisclosures.
For educational purposes only. This is not legal advice. If you are unsure about your eligibility, consult a licensed attorney.