If I got an MIP, is there anyway to have this permanently removed from my record?

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If I got an MIP, is there anyway to have this permanently removed from my record?

The cops showed up at a party I was at; I had 2 sips of a beer. When the police asked me if I had been drinking, I admitted that I had a sip of alcohol. I am 20 years old. He continued to ask if I was drunk and I said no. I was breathalyzed and blew a 0.00. Since I told the truth, I still got the MIC and a $100 fine.

Asked on April 29, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The best answer is maybe.  Your answer indicates that you have already been to court and entered a plea-- or mailed in a plea.  If your MIP case has already been disposed of, you may still be eligible for special type of expunctions just for municipal court.  To know for sure if you were eligible, take your paperwork to an attorney that handles expunctions.  Some criminal law attorneys do both-- but do not assume that a criminal law attorney handles expunctions. They are different areas of law-- and this type of expunction requires someone who has read overlapping provisions of the code. 

If you have not entered a plea yet-- but you are just facing a $100.00 fine, then take what paperwork you do have regarding the charge to a criminal attorney to see if there is a way to get a dismissal.  If the cops did or said something inappropriate, then you could potentially get the case "thrown out" by suppressing the evidence against you.  If the attorney cannot get the case thrown out, they may be able to work a deal for you where you can earn a dismissal of your case through some type of diversion program.  These programs tend to vary by jurisdiction, so make sure that you consult with an attorney or attorneys that are familiar with the court where your case is pending.

 


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