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Grant M. Scheiner - Houston Criminal Defense Lawyer

Is the Harris County DWI DIVERT Program right for you?

If you have questions about the Harris County DWI Divert Program, we certainly have answers.

The Divert Program is designed for first-time offenders.  Individuals who are charged with Driving while Intoxicated and have no prior convictions may be eligible for this program.

The Divert Program is a form of probation, lasting from a period of 1 year to 2 years.  If the participants in the Divert Program successfully complete the program, then the Harris County District Attorney’s Office agrees to dismiss the case.  Then 2 years after the case is dismissed, a request can be made to expunge, or in other words, destroy, any records associated with that particular DWI case.  However, if a person in the DIVERT Program commits any offense, other than a fine-only traffic violation, during the 2 years after completing the program, then he may not be eligible to have the records expunged.

If you are in the Divert Program and successfully complete the program and it is dismissed, your criminal record will still indicate that you have a dismissed DWI case.  The DWI charge will not be erased from your record simply because it has been dismissed.  The DWI case must be expunged before your record can be clear from that particular charge.

The DIVERT Program is not right for everyone, because it is a long process, but there is a bright light at the end of the tunnel for those who wish to pursue it.