By Matt Simonsen*
In a recent ruling, the Third Court of Appeals unanimously held that a person could not expunge a DWI charge, despite not being convicted. Originally charged with DWI in 2000, the person—identified only as GBE—was sentenced to reckless driving with a 10 day jail sentence and a $200 fine. The court held that since his arrest led to a different charge, it did not meet the terms for expunction. They referred to the state legislature, which allows for expunction when a final conviction does not result from a criminal charge. In other words, a person is only eligible for an expungement if all of the charges are dropped.
While the ruling may seem a bit harsh, he received the lesser conviction as a result of a voluntary plea agreement. In other words, he still committed an offense. In the state of Texas, expunction generally allows an individual to clear his record of a wrongful arrest—or one that did not result in a conviction. By denying an expungement to GBE, the Court of Appeals stood by the fact that he was still found guilty of an offense.
What do you think? Did the court reach the correct conclusion? Please let us know on Facebook and Twitter. If you want to know if you are eligible for an expungement, schedule an appointment or call us at 936.294.1717.
For a similar expungement case, click here.
SLMS points Bearkats in the right direction