By Sean
On June 15, 2017, Governor Greg Abbott signed House Bill 3016, which becomes effective on September 1, 2017, and will allow some first-time DWI offenders to petition for an Order of Nondisclosure of Criminal History.
This is a great new law, and you should definitely take advantage of this opportunity if you are eligible to file for a DWI Nondisclosure. This new law is retroactive and applies to DWI convictions before and after September 1, 2017.
What Is a DWI Nondisclosure?
Prior to the enactment of this new law, driving while intoxicated (DWI) charges that resulted in probation or a jail sentence were not eligible for an expunction or nondisclosure because they are considered a final conviction.
Previously, nondisclosure was only available for certain criminal charges that were resolved with a successful completion of deferred adjudication probation. Unfortunately, deferred adjudication probation has never been an option for a driving while intoxicated charge in Texas, and probation for a DWI can only be resolved with a “straight probation,” which is a final conviction.
That is why it is so important to take advantage of this new law—it provides an opportunity to seal or nondisclose a first-time DWI conviction whether you were placed on probation or even served a jail sentence. If your DWI conviction is eligible for nondisclosure, the records relating to your DWI could be designated unavailable for public access.
You could also be entitled to deny the fact that you were ever arrested or convicted for a DWI. The procedure for filing a Nondisclosure of Records requires filing a petition in the court and county in which your DWI case was originally filed.
Thus, if you were charged with a DWI in Tarrant County, a Petition for Nondisclosure of Records would be filed in the same Tarrant County criminal court where your DWI case was resolved.
Is My DWI Conviction Eligible for Sealing or Nondisclosure?
The following criteria must be met in order to be eligible for a Nondisclosure of a DWI:
- First-time offense for DWI
- No prior convictions or deferred adjudication probation for any other criminal offenses (minor traffic violations punishable by a fine only are okay)
- The DWI did not involve a finding that your breath or blood alcohol concentration (BAC) was .15 percent or greater (a DWI that resulted in a conviction with a breath or blood level of .15 percent or greater is not eligible even if it was a first offense)
- The DWI did not result in an accident or injury involving another person (including your passenger)
- You successfully completed the period of probation and paid all fines, costs, and restitution imposed; OR
- You successfully completed a jail sentence or labor detail and paid all fines, costs, and restitution imposed
Waiting Periods for Filing a DWI Nondisclosure in Texas
There are also waiting periods that apply before you can file a Petition for Nondisclosure for a DWI conviction that depend on whether you completed probation, a jail sentence, or a labor detail:
- Two years from the date that you successfully completed probation if, as part of the sentence, the court ordered your driving privileges restricted to a motor vehicle equipped with an ignition interlock device for at least six months
- Five years from the date that you successfully completed probation if there was no ignition interlock device ordered by the court
- Three years if you completed a jail sentence or labor detail instead of probation and, as part of the sentence, the court ordered your driving privileges restricted to a motor vehicle equipped with an ignition interlock device for at least six months
- Five years if you completed a jail sentence or labor detail instead of probation and there was no ignition interlock device ordered by the court
How Can I Seal or Nondisclose a Tarrant County DWI?
If you, a friend, or a loved one has a first-time DWI conviction, please contact our office immediately at 817-605-1010 for a free consultation to discuss eligibility and the process for filing a Petition for Nondisclosure of Records in Tarrant County.
Fort Worth Criminal Defense Attorney Jeff C. Kennedy has successfully assisted hundreds of clients in obtaining a Nondisclosure of Records for criminal offenses, and he can help you, too.
