Sealing a Texas Driving While Intoxicated (DWI) Case

In 2019, the State of Texas witnessed over 97,000 DUI or DWI charges, with only about 2,300 cases resulting in no charges. This means that approximately 95,000 individuals either faced a guilty verdict or accepted a plea deal leading to a conviction.

Apart from the financial burden and social embarrassment, a DWI charge carries long-lasting consequences. It can affect various aspects of your life such as leases, mortgages, club memberships, state licensing, and education. Moreover, your DWI conviction becomes a permanent public record, accessible to anyone.

Recent changes in Texas law have made it possible to seal DWI cases by filing a petition for nondisclosure. Starting from September 1, 2017, the Texas legislature passed HB 3016, expanding the laws concerning orders of non-disclosure and record sealing.

How Do I Seal My DWI Record in Texas?

To seal your DUI or DWI record in Texas, you must file a petition for nondisclosure.  If your case meets the criteria for a nondisclosure, the Judge will sign an Order of Nondisclosure and seal the record of your Texas DWI from public disclosure.

Understanding the Order of Nondisclosure

An Order of Nondisclosure is a court order that prohibits government entities, such as courts and law enforcement agencies, from disclosing certain criminal records so that the information is not publicly available. Additionally, it legally allows you to withhold information about your criminal case on job applications.

Am I Eligible to Petition for an Order of Nondisclosure?

To be eligible for an Order of Nondisclosure for DWI, you must meet the following criteria in accordance with Texas Government Code §§ 411.074 and 411.0736:

• Your blood alcohol concentration (BAC) was below 0.15%.
• You received a sentence under Texas Penal Code § 49.05 for a crime that was not a Class A misdemeanor.
• You have fulfilled the terms of your sentence, including any period of incarceration.
• You have never previously been found guilty of any other crime except for a traffic offense that carries only a fine.
• You did not violate any laws between the time of your sentence and the completion of its terms.
• You did not violate any laws during any applicable waiting period apart from a traffic fine-only offense.
• You have paid all the costs, fees, restitution, and fines imposed as part of your penalty and successfully completed all the terms and conditions of your sentence.

What Disqualifies Me from Obtaining an Order of Nondisclosure?

You will not qualify to apply for an Order of Nondisclosure and have your DWI record sealed if any of the following conditions apply to your situation:

• Your DWI involved a blood alcohol concentration (BAC) above 0.15%.
• Your offense involved a motor vehicle collision with another person, including passengers.
• You have a previous conviction or received previously deferred adjudication for any offense other than a fine-only traffic violation before your DWI, while on probation, or during the applicable waiting period.

When Can I Apply for an Order of Non-Disclosure Petition?

Texas law stipulates a waiting period before applying for an order of non-disclosure. The eligibility requirements and time limits for filing the petition depend on the sentence imposed in your DWI case. You may submit a petition for nondisclosure:

• Two years after completing probation provided that the installation of an ignition interlock device (IID) in your vehicle was a condition of your probation for at least six months.
• Three years after completing a jail sentence if the sentence required an ignition interlock device for at least six months.
• Five years after completing a sentence of jail or probation if the installation of an ignition interlock device (IID) in your vehicle was not imposed as part of your sentence.

Takeaways

Obtaining an order of nondisclosure enables you to seal your Texas DWI record, shielding it from public view. If you are unsure about your eligibility or need guidance, reach out to The Hopping Law Group or visit our website at www.texasexpungementlawyer.com. We can assess your situation and advise you on applying to have your Texas criminal record sealed. Take the necessary steps to protect your privacy and move forward without a public record of your Texas DWI case.

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