Legal Question in Criminal Law in Texas

I was arrested and charged for DWI in 2006. The charge was dismissed in 2009, and I had my attorney's office file a "Petition For Expunction Of Records" later that year. The "Order of Expunction" was granted by the Court in August of 2009. Unfortunately, my attorney's paralegal did not ask for a copy of the Court Order and, therefore, I cannot get a copy anymore. The DWI is no longer in the records of my local county court (Bexar County) and I am in the process of getting an FBI background check on myself. HERE'S MY QUESTION: Can I file another Petition For Expunction on this same DWI, to ensure that it was done properly? My attorney's paralegal was supposed to include another dismissed case of mine--Criminal Mischief--in the original expunction motion, but did not do so in 2009. I just recently found this out (I will spare you the excuse that she gave me). Thus, I am now in the process of filing a petition to expunge the Criminal Mischief arrest, and I want to know if I can also include the DWI arrest with it--so I can have a copy of the Court Order for both cases? As you can imagine, I am now very concerned with the work that my lawyer and his paralegal did for me, which is why I want to add the DWI to the expunction order that I will be submitting soon. Please let me know if this is an allowable/acceptable procedure. Thank you.


Asked on 3/25/11, 8:16 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Why don't you have your fingerprints taken by the local police and then send them to the FBI for a background check. (Many jobs, etc., require this and the FBI does it all the time.) If there are no records of that DWI, then I believe that you are safe not worrying about it. (Moreover, if someone were to find that in the future, you could always tell them that the case dismissed and was expunged and that it was never supposed to show on your record. It is doubtful that it would affect you in that circumstance.)

As far as the original DWI, the civil court that handled the expunction should have the file with all of the records OR your lawyer picked up the file. If not, then you can pick up the file with proper identification if there was no destruction order in the final order. (At least that is the way they do it in Harris County - but there is a standing 1 year from final order destruction order.)

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Answered on 3/26/11, 12:23 pm


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