Hoeller McLaughlin PLLC | DWI Non-Disclosure | Can I get my DWI Sealed?

Arrested on a first time DWI charge in Texas and want to know if you can get your record sealed? Whether or not you can obtain a DWI Non-Disclosure depends on what type of DWI you were charged with originally, what is your criminal history (cannot have any other arrests), and how the charge gets resolved.  There are other details as well that can prevent a DWI Non-Disclosure (i.e. like if the original DWI arrest included an accident where other people were hurt).

Senior Partner Lindsay Truly is a former DWI prosecutor in Tarrant County and is the lead Fort Worth DWI lawyer at Hoeller McLaughlin PLLC.  Lindsay is a Super Lawyers Rising Star (21, 22, 23, and 2024) by Thomson Reuters and a Top Fort Worth Attorney by Fort Worth Magazine (20, 21, 22, 23, and 2024). See some of her results and outstanding 5 star reviews. At Hoeller McLaughlin PLLC, she reviews cases to determine if they meet the criteria for a DWI Non-Disclosure.

If you are looking to hire our firm right after arrested, it’s important that you talk with your lawyer and see if the outcome you are getting on your DWI charge would allow you to get it sealed later. We strive to get the best results on DWI charges, and that includes trying to get an outcome that can be sealed.

If you need help fighting a DWI charge, click here.

Obtaining a Non-Disclosure on DWI | Not an Automatic Process

Can you get a DWI Sealed?

Yes, but for limited first time DWI charges.

Some history – 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 (sealed from public view).

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.

With these law changes, it is now possible to get a dismissal after probation on a DWI and to get some first time DWI arrests sealed if you meet certain criteria.  Regardless of if you meet the criteria or not, it is not an automatic process. You have to retain an attorney and file a lawsuit seeking a N0n-Disclosure.  That is a process we are very experienced with handling for clients.

Here is some of the main requirements for a DWI Non-Disclosure (Whether your case resulted in a conviction or deferred adjudication):

  1. 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);
  2. Specific Case Criteria:
    1. As noted above, it has to be your first DWI (and have no other criminal history other than traffic tickets);
    2. It has to be a Class B Misdemeanor DWI (Class A misdemeanors and any Felony DWI does not qualify)
    3. The DWI arrest does not involve a motor vehicle accident involving another person, including a passenger (even if no injuries); and
    4. Your Blood alcohol concentration (BAC) has to be below a 0.15.
  3. 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):

  1. 2 years on a deferred dismissal: 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):

  1. 2 years with probation and interlock: 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;
  2. 3 years for jail sentence with interlock: 3 years, if you completed the jail sentence imposed as a result of a conviction (including any fines or court costs) if you had an interlock on your vehicle for at least 6 months during the period following your DWI arrest, or
  3. 5 years with no interlock: 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).

Call a Fort Worth DWI Lawyer Today to See if You Qualify to Get your DWI Non-Disclosed (Sealed)

If you would like more information about whether your case can qualify for a DWI-Disclosure in Tarrant County, Texas, call 817-334-7900 or fill out our online contact form.