Arrested on a DWI charge in Texas and want to know if you can get your record sealed? Depending on how your DWI charge gets resolved, it may be eligible for a DWI Non-Disclosure if your case meets the criteria. Note: Texas law also applies to previous DWI convictions that occurred prior to the 2017 and 2019 law changes.
About us: Our criminal defense attorneys are experienced DWI lawyers and former prosecutors who have tried over 100 DWI trials. We strive to provide our clients with a strategic and tailored defense for their DWI charge.
TEXAS DWI NON-DISCLOSURE LAW | DWI LAWYER
HOW TO GET A DWI NON-DISCLOSED?
Unlike most criminal offenses (including most felonies), the biggest problem until 2017 with being arrested for a first-time DWI is that if you are convicted, it remains on your permanent record forever (before 2017, you could never get a DWI Non-Disclosure). There is no way to get the case dismissed or sealed even if you successfully complete probation. Anytime an employer does a background check, it shows up and may cost you the chance at a great job.
In 2017, Texas started allowing first-time low level DWI offenders the ability to get their records sealed (DWI non-disclosure). The law is retroactive, so even if you have been convicted of a DWI prior to 2017, you may still be eligible for a non-disclosure.
In 2019, Texas again revised their DWI laws, now allowing some first-time low level DWI offenders the ability to get a deferred probation sentence on their DWI arrest. A deferred sentence would allow for the case to ultimately be dismissed upon successful completion of community supervision. Those would also allow those offenders the ability to get their records sealed (DWI non-disclosure). Those only apply to offenses that occurred after September 1, 2019.
Here is some of the main requirements for a DWI Non-Disclosure (Whether your case resulted in a conviction or deferred adjudication):
- Never been convicted or placed on community supervision for any other offense other than a ticket punishable by fine only (before or after your DWI arrest);
- Specific Case Criteria:
- As noted above, it has to be your first DWI (and have no other criminal history other than traffic tickets);
- It has to be a Class B Misdemeanor DWI (Class A misdemeanors and any Felony DWI does not qualify)
- The DWI arrest does not involve a motor vehicle accident involving another person, including a passenger (even if no injuries); and
- Your Blood alcohol concentration (BAC) has to be below a 0.15.
- You have to have successfully completed the terms and conditions of your sentence (i.e. successfully completed community supervision and/or any imposed jail sentences).
Waiting Period (2, 3 or 5 years depending on the specifics):
If you meet that above criteria, then here is the waiting periods for a DWI Non-Disclosure (If you received Deferred Adjudication after September 1, 2019):
- 2 years after you successfully complete community supervision (Discharge and Dismissal).
If you meet that above criteria, then here is the waiting periods for a DWI Non-Disclosure (If you received a conviction on your DWI):
- 2 years after you successfully complete community supervision (probation) if you had an interlock device installed on your vehicle for at least 6 months during the period following your DWI arrest;
- 3 years, if you completed the jail sentence imposed as a result of a conviction (including any fines or court costs), or
- 5 years if you did not have an interlock device installed for at least 6 months during the time period following your DWI arrest (regardless of whether you successfully completed probation or a jail sentence).
If you have questions or need help with a DWI Non-Disclosure or DWI arrest, call us at 817-334-7900.
About Us: Hoeller McLaughlin PLLC represents DWI clients throughout the DFW area. We have offices in Fort Worth and Colleyville, Texas. Our DWI lawyers are all experienced former Tarrant County prosecutors with vast experience in DWI trials (we have tried over 100 DWI trials) and plea bargain negotiations (we have successfully negotiated thousands of DWI cases).