Prior to September 1, 2017, non-disclosure of criminal records was unavailable in Texas for Driving While Intoxicated (DWI) offenses. That all changed with the passage of House Bill 3016, known as the “Second Chances” bill for DWI convictions.
Texas law now allows a person convicted of DWI to obtain an order of non-disclosure, but only under certain conditions. Texas Government Code Sec. 411.0731 provides some relief.
An order of non-disclosure of criminal records means that public agencies, like the police, district attorney’s offices, Texas Department of Public Safety, jails, district and county clerk’s offices, probation departments, etc., will not disclose information about the DWI charge (or any other criminal charge for which non-disclosure is available) to the public. These governmental agencies remove the case information from their public websites and will not release information to the public. But, those agencies maintain custody of the records, and if the person commits a new offense, the non-disclosed charge can be used in the prosecution of the new charge.
What are the requirements to obtain an order of non-disclosure for a DWI conviction? Here’s a summary:
- 1. If there was a breath or blood test, it must be less than 0.15.
- 2. The person must have never been convicted of or placed on deferred adjudication probation for anything greater than a traffic offense punishable by a fine only.
- 3. The person successfully completed DWI probation, or served the full jail sentence.
- 4. The person has paid all costs of court, fines, and restitution imposed by the court
When can a person petition the court for an order of non-disclosure for a DWI conviction? It depends on whether the person was sentenced to probation or to jail time, and whether the court required the person to have a deep-lung device.
If the person had probation and a deep-lung device for more than six months, then she can apply for non-disclosure on the second anniversary of the date that the DWI probation ended.
If the person had probation but did not have a deep-lung device as a condition of probation, then the person must wait until the fifth anniversary of the date that the DWI probation ended.
If the person was sentenced to jail time for DWI (and not probation), and if the person complied with a court ordered condition to have a deep-lung device for more than six months (usually as a condition of bond or pre-trial release), then she can apply for non-disclosure on the third anniversary of the date that the jail sentence ended.
If the person was sentenced to jail time for DWI (and not probation), and the court did not order a deep-lung device for any reason, then she can apply for non-disclosure on the fifth anniversary of the date that the jail sentence ended.
The law now provides a way to get some relief from a DWI conviction. Criminal defense attorney Keith Gore has experience successfully handling petitions for non-disclosure of criminal records in the McKinney, Plano, Dallas, Allen, Denton, Frisco, Sherman, Ft. Worth, and Rockwall area. Call lawyer Keith Gore to get the process started.
