12-1
CHAPTER 12
DWI EXPUNCTIONS
I. Introduction
§12:01 Purpose of Expunction
§12:02 Educating Your Client
II. When Is a DWI Eligible for Expunction?
§12:10 In General
A. Acquittals, Pardons, and Overturned Convictions
§12:20 Expunctions after Acquittal
§12:21 Timeline for Expunction of Acquittals
§12:22 Pardons
§12:23 Overturned Convictions
B. Charges Not Filed or Formally Filed and Subsequently Dismissed
§12:30 Entitlement to Expunction
§12:31 The Statute of Limitations Issue
§12:32 Waiting Period Issue
§12:33 Dismissed for Other Reasons
§12:34 Multiple Charges
III. Procedure
§12:40 Basics
§12:41 When Petition May Include More Than One Arrest
§12:42 Drafting the Petition in General
§12:43 Who Seeks Expunction
§12:44 What Petitioner Wants to Expunge and From Whom Relief Is Requested
§12:45 Why Petitioner Is Entitled to Expunction
§12:46 Review and Signing
§12:47 Attachments
§12:48 Hearing and Notice
§12:49 Drafting the Order
§12:50 State’s Response and the Day of the Hearing
IV. Potential Problems and Partial Expunctions
§12:62 Situation #3: Client Charged With DWI and Another Charge, But the Other Charge
Is Dismissed
§12:71 Consequences of Violating an Expunction Order
Texas DWI Manual 12-2
VI. Forms
12-7 Letter to DPS Requesting Removal of Records
12-8 Letter to Public Data Requesting Removal of Records
