Asked 9/21/2016 – Houston, TX

Under what circumstances is a person eligible for expungement?
My husband did contact an attorney a little while ago about his DWI and he was told that it cannot be expunged because he pleaded guilty.
Is there anything that can be done besides expungement to get it off the record so he can get a job?
In what particular area should he contact an attorney to discuss the pursuing of his professional license?
Is there a possibility that it will be granted by the state?
He completed a 13 month probation.

Answer

If you want to review the criteria for expungement in Texas, see Texas Criminal Procedure Article 55.01. The general rule is the case must be dismissed, either by not guilty verdict or upon motion by the State prior to any plea, in order to be eligible for any expunction. Your husband is not eligible for an expungment, and the only way he can remove this from his criminal record is through pardon from the Governor.