Houston DWI Attorney - Does a DWI Go on My Record?
Does a DWI Go on My Record?
This is a question we get asked all the time. It might sound like a simple yes or no answer, but as a lawyer, I have to give you a more detailed explanation because there's a lot more to consider. So, let's dive into everything you need to know about whether a DWI goes on your record.
What Do We Mean by "Record"?
First, we need to clarify what we mean when we talk about a "record." Contrary to what you see in movies, there isn’t a single, unified database where everyone’s criminal history is stored. Instead, various agencies maintain their own records, including police departments, district clerks, county clerks, and district attorney’s offices. These records are often associated with different case numbers across these systems.
The most common place where criminal records are stored is the TCIC/NCIC system, a federally controlled database accessible to law enforcement, prosecutors, and even some private companies. Police officers, for instance, can access this system through a mobile data terminal (MDT) in their patrol cars. By entering your name and date of birth—or better yet, your driver’s license number or Social Security number—they can pull up your record, which includes information from multiple states.
What Happens to Your Record After a DWI Arrest?
When you're arrested for DWI, the first thing that happens is that you're taken to jail and assigned a Transaction Number (TRN). This number logs your arrest and the offenses the police believe you committed. Whether it’s your first or eleventh arrest, this record will show an event cycle number indicating the sequence of offenses. Initially, your record will show the offense as "held" because there’s no court data yet.
As your case progresses, the record will be updated to reflect the outcome, whether it's a conviction, dismissal, or something else. However, even if your case is dismissed, the fact that you were arrested remains on your record unless you take steps to have it expunged.
How Long Does It Stay on My Record?
Yes, a DWI goes on your record quickly and can stay there forever unless it is expunged after a dismissal. This means that if you're pulled over in the future, and the officer sees that you've been arrested for DWI before, they may assume you were guilty, even if the charge was dismissed.
What Employers and the Public See
A DWI on your record doesn't necessarily mean it will pop up when you apply for a job. It depends on the outcome of your case and whether it's been expunged or non-disclosed. Here's a rundown of potential outcomes:
Final Conviction: This is the worst-case scenario. It means you were convicted, and the word “convicted” will permanently appear on your record. For a felony DWI, this can never be removed. For a misdemeanor DWI, you might be eligible for a non-disclosure, which means most private employers won't see it, but law enforcement and certain agencies will still have access.
Straight Probation: This is a conviction, but for a first-time misdemeanor DWI with no aggravating factors, it could be eligible for non-disclosure after five years.
Deferred Adjudication: Not available for DWIs in Texas, but if it were, it could be non-disclosed more quickly.
Pre-Trial Diversion or Dismissal: These are the best outcomes because they can lead to an expunction, erasing the arrest and the case from your record entirely.
Expunction vs. Non-Disclosure
An expunction completely erases your record from all databases, including the TCIC/NCIC and any private databases that may have accessed the federal system. A non-disclosure, on the other hand, seals the record from public view, but certain entities—like law enforcement, licensing boards, and agencies—will still have access.
Why You Need a Lawyer
This is a complicated issue, and the best way to handle it is to consult with a lawyer who can help you understand your options based on your unique situation. If you’ve been arrested for DWI, don’t assume you know what to do based on this information alone. Every case is different, and having the right legal representation can make all the difference.
I hope this helps clarify the complexities around DWIs and criminal records. Thanks for tuning in, and we’ll see you next time on the next video.
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