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Sealing Your DWI Record in Texas

Helping Clients In Dallas Clean Up Their Criminal Records

Having a criminal record makes life difficult when it comes to finding employment or applying for things that require a background check. Even a non-violent offense like DWI can negatively affect your future. Luckily, there is legislation that expands the opportunity for people who wish to seal their criminal convictions with an order of non-disclosure.

Order of Non-Disclosure

Most people call an order of non-disclosure a “sealed” record. Orders of non-disclosure prevent the public from seeing a person’s criminal record and allows them to deny their criminal history in most situations. Although the public can’t see the conviction, law enforcement, state and federal authorities, and employers in government fields will still be able to access the criminal record.

HB 3016

HB 3016 amends and expands the Texas Government Code so that people convicted of nonviolent misdemeanors, such as DWI’s, can petition the court for orders of nondisclosure. The law also altered some of the waiting periods. In addition, HB 3016 lets people petition for an order of nondisclosure if they were ineligible for an automatic order due to a judge’s affirmative finding that issuing such an order wouldn’t be “in the best interest of justice.”

Misdemeanor offenses that are punishable by a fine can be petitioned for a nondisclosure after the date of completion of the sentence. If the misdemeanor isn’t punishable by a fine, the person seeking the order will have to wait until the second anniversary of the date of completing their sentence.

How Do Orders of Non-Disclosure Apply to DWI Offenses?

Under HB 3016, people convicted of a first-time DWI with a BAC that is less than 0.15 can file a petition for an order of non-disclosure for that particular offense.

In order to be eligible for non-disclosure of a Texas DWI, a person must meet the following criteria:

  • Never been convicted or put on probation for another offense
  • Successfully completed all imposed community supervision and all terms of confinement
  • Paid all fines, costs, and restitution that were imposed on them.

The waiting period is elapsed for 2 years if the person successfully completed at least 6 months of driving a vehicle with an ignition interlock device that was part of their sentence. The waiting period is elapsed for 5 years if the person wasn’t required to use an interlock device as part of their sentence.

If an attorney representing the state presents evidence to the court that shows the underlying offense caused a motor vehicle accident involving another person, the court will deny the order of nondisclosure.

If a person meets any of the following criteria, they cannot have their DWI record sealed:

  • 2nd and 3rd DUI offenses
  • DWI offense with a BAC greater than 0.15
  • DWI involving an accident with another person
  • DWI occurred in the last 2 years

A person convicted or placed on deferred adjudication probation for any of the following crimes will not be granted an order of nondisclosure:

  • Offenses requiring registration as a sex offender
  • Murder
  • Capital murder
  • Human trafficking
  • Abandoning or endangering a child
  • Aggravated kidnapping
  • Offenses involving family violence

Speak to our DWI Attorneys Today

Having your DWI offense sealed will help you obtain gainful employment and restore your reputation so that you can become a productive member of society. Talk to our legal team today to find out if you meet the criteria for an order of non-disclosure. We can assess your case and build a legal strategy that will protect your rights. Let us put our skills to work for you.

Contact our Dallas DWI lawyers to request your case evaluation.

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