Legal Question in DUI Law in Texas

Definitions

I am filling out a job application for a Florida School District. I have a DWI offense from 1997. There is a question that I do not understand about offenses that are ''sealed or expunged''? What in the world do these words mean? I want to make sure that I answer them correctly.


Asked on 3/31/04, 11:00 am

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong

Re: Definitions

Under Texas law, certain offenses can be expunged from someone's criminal record under certain circumstances, specifically whan a case is dismissed, and the person has not served any community service. In September of 2003, the Texas legislature passed a law whereby if a person receives a "Deferred Adjudication" and five (5) years in a Misdemeanor or ten (10) years in a felony has lapsed since the Deferred Adjudication was terminated, the person can have the criminal record sealed from third parties, such as employers, apartment managers, and any citizen. However, the record is not wiped clean, like an expungement, consequently law enforcement can still find the criminal record. Unfortuately, your DWI probably does not fit in either of these categories unless it was dismissed and you served no probation.

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Answered on 3/31/04, 6:02 pm


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