An expunction victory

After two years of considering the case, the Third Court of Appeals in Austin decided in my client’s favor on an important expunction issue.  Prosecutors had been trying to prevent defendants from expunging their DWI arrests when they took probation on lesser charges (Reckless Driving or Obstruction of a Highway).  This was due to a strained reading of the expunction statute that I discuss more thoroughly in my blog.  The Third Court of Appeals accepted my argument that an expunction analysis should proceed by looking at each charge in isolation; as a result, a dismissed DWI is eligible for expunction regardless of what happens on another charge that stems from the same arrest.  This is a great victory for any defendant who uses plea bargaining to get rid of an unfair DWI charge. Remember, if you don’t get your charge expunged, potential employers can still see the arrest!