Most people assume that the criminal justice system in Texas is fair, or at least makes sense. It’s only when they get arrested do they discover how FUBAR this “justice” system can be. Here is one example, say you get arrested for a DWI, you end up pleading to a traffic ticket, and the State dismisses the DWI case. You’d think you could have that DWI case expunged right? WRONG.
The Dallas Court of Appeals recently ruled on that very issue in EX PARTE JOAN REIMHERR FALLIS.
Fallis was arrested for DWI in Gillespie County. As part of a plea bargain, the DWI was dismissed and Fallis pled guilty only to illegal parking. Later Fallis wanted this DWI off her record, after all, it was dismissed so that seems reasonable right? Yeah, not so much.