Will a DUI still be on my record after five years?

I got a DUI over five years ago and I want it expunged from my record. I read that you have to wait 10 years, but I don't know which state. I haven't been charged or convicted with anything else since that day. I want to fight this.
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Answered By: The Law Office of M. Elizabeth Foley
I've handled quite a few expunctions, and I'd be happy to help you with this. However, there's a lot more information I'd need to know before I could tell you if you're going to be eligible. I have absolutely no idea what that 10 year thing is about, but that has nothing to do with Texas expunction law. There are a lot of very specific statutory requirements on expunctions, but if you can email me back answers to the following questions, I can probably tell you from your answers what you do and don't qualify for and when: 1) How old were you when you got arrested? 2) Are you sure it was a DUI? Unless you were a minor at the time you got it, it was actually more likely a DWI, which is a more serious offense than DUI and would be handled very differently as far as an expunction goes. 3) What type of court was your case in (JP court, municipal court, county court, or district court)? 4) What was the offense date? 5) What happened with the case (what did the court do?) Was the case never filed in court at all (unlikely), was it dismissed, was it dismissed after pretrial intervention or deferred adjudication, or were you convicted (this includes jail time, just paying a fine, and getting regular probation)?

Answer Applies to: Texas
Replied: 8/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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