Abilene & San Angelo DWI Nondisclosure Lawyer
Seeking to Have Your Driving While Intoxicated Record Sealed
Having a driving while intoxicated (DWI) conviction on your record can wreak havoc on your life. Even if you have completed your sentence, the information will remain a part of your criminal history. Because a criminal record is public, anyone can access it, including future employers and landlords. These individuals may make swift and negative judgments about your character based on what they find in your background check and might deny your application. Fortunately, Texas's DWI nondisclosure law allows you to seek to have your conviction information sealed, provided that you meet specific eligibility requirements. Pursuing this relief can be challenging, which is why it is vital to have a lawyer help you through the process.
At the Law Offices of David M. White, we understand how important it is to have your conviction information sealed. Our Abilene and San Angelo DWI nondisclosure attorney is ready to deliver the advice and guidance you need. We will discuss the eligibility requirements and complete the necessary paperwork to file with the court. Additionally, if the court holds a hearing concerning your request for nondisclosure, we will represent you during this proceeding.
We believe people deserve second chances, and we will stand by your side every step of the way to help seek yours. Schedule a free consultation by calling us at (325) 221-4421 or contacting us onlinetoday.
What Are Texas's DWI Nondisclosure Laws?
Texas has two laws concerning nondisclosure of DWI cases. Section 411.0726 of the Government Code applies to situations where the defendant was granted deferred adjudication and community supervision. Section 411.0731 is for cases in which a conviction occurred and the defendant was placed on community supervision.
Whatever your circumstances, our DWI nondisclosure lawyer in Abilene and San Angelo will ensure that the proper procedures are filed to pursue record-sealing.
What Happens After a Texas Nondisclosure Is Granted?
If the judge believes that granting nondisclosure is in the best interests of justice, they will order that the individual's record be sealed. This means that neither courts nor law enforcement agencies can disclose information about the case for which relief was granted. Therefore, the public will no longer have access to it. Additionally, the individual will not have to disclose information about their case if they are asked about their criminal history on a job application.
That said, exceptions do exist. If government agencies request an individual's criminal record, information about a sealed offense may be disclosed.
What Are the Eligibility Requirements for a DWI Nondisclosure in Texas?
Before anyone can apply for a nondisclosure, they must ensure that they meet the basic eligibility requirements.
In general, a person may be ineligible for record-sealing if:
- They were convicted of or placed on deferred adjudication for certain violent crimes such as murder, kidnapping, trafficking in persons, or stalking;
- The offense for which they are seeking nondisclosure involved family violence; or
- They were convicted of or placed on deferred adjudication after they were convicted of or placed on deferred adjudication or during the waiting period for the offense for which they are pursuing record sealing.
If none of the above apply to the individual's circumstances, they can proceed with seeking nondisclosure of their DWI under the appropriate section of the Texas Government Code. Note that each section also has its own eligibility requirements, which we will discuss in more detail below. The court may hold a hearing to determine whether the petitioner qualifies for relief and whether granting the request is in the best interests of justice.
Section 411.0726: DWI Deferred Adjudication and Community Supervision
If the individual entered a plea in their DWI case, adjudication was deferred, and they were placed on community supervision, they can seek nondisclosure under Section 411.0726. This section applies only to first-time DWI offenders charged with a Class B misdemeanor.
The individual is eligible for relief under this section if the following apply:
- The judge did not file papers stating that nondisclosure is not allowed;
- The case was dismissed or discharged;
- They have never been convicted of or placed on deferred adjudication for another crime (except fine-only traffic tickets);
- The offense did not result in a traffic accident;
- They were not a commercial driver's license holder;
- Their blood alcohol concentration was below 0.15; and
- They were not subject to enhanced penalties.
Section 411.0731: DWI Conviction and Community Supervision
If the individual was convicted of a first-time DWI offense and placed on community supervision, they can pursue relief under Section 411.0731. As with Section 411.0726, this section applies only if the individual was charged with a Class B misdemeanor DWI.
The individual can seek a nondisclosure under this section if:
- They were not charged with a Class A misdemeanor or higher DWI offense;
- Their blood alcohol concentration was below 0.15;
- They received probation;
- Their probation was not revoked;
- They successfully completed probation (including paying all fines and court costs);
- They were not previously convicted of another offense (except fine-only traffic tickets); and
- The offense did not result in an accident.
It is important that you meet the eligibility criteria before applying for record-sealing. If you do not qualify, your case will be dismissed. At the Law Offices of David M. White, our Abilene and San Angelo DWI nondisclosure attorney will review your case and determine whether you meet the requirements for petitioning for relief.
What Are the Waiting Periods for Pursuing a DWI Nondisclosure in Texas?
Having DWI information sealed from public access is not automatic and cannot be sought immediately after completing probation. The individual must wait a certain amount of time after successfully finishing community supervision.
The waiting periods for filing a DWI nondisclosure petition are as follows:
- 2 years following dismissal and discharge (Section 411.0726)
- 2 years after completing community supervision, if the individual's vehicle was equipped with an Ignition Interlock Device (IID) for at least 6 months during the probationary period (Section 411.0731)
- 5 years after completing community supervision, if the individual was not required to install an IID on their vehicle (Section 411.0731)
Seek a Nondisclosure with Our Help
People make mistakes, but if they have learned from them, done their time, and have not committed any other offenses, they should not have to be held back by them. At the Law Offices of David M. White, we can help seek to have your record cleared to remove obstacles that might block your chances of taking advantage of certain opportunities.
Speak with our Abilene and San Angelo DWI nondisclosure lawyer by contacting usat (325) 221-4421.
Our firm offers free consultations. For prompt and professional legal service, contact us today.
We know the importance of your case and the impact it can have on your future. We are here to help.
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