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Under Section 411.0731 of the Texas Government Code, you may qualify to have a DWI conviction non-disclosed and sealed from public record. This means that if you meet the qualifications, then you may be able to conceal a DWI conviction from future employers when job searching or from apartment complexes when searching for a place to rent. Unlike an expunction, a nondisclosure does not permanently delete your criminal record, however, it does conceal it from the public at large. Law enforcement agencies and other particular government agencies along with certain jobs that require a state license will still be able to have access to the criminal record, however, the public will not be able to see the charge, and neither will private employers. This can be a life-changing occurrence for many people who have struggled to find a job due to a previous DWI conviction. In order to qualify for a nondisclosure under Section 411.0731 of the Texas Government Code, you must meet the following requirements:
You must have been convicted of a first time DWI
The blood alcohol content must have been below .15
There must not have been an accident
There must not have been an injury
You must not have ever been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by a fine only
You must not have been revoked from probation
You must have completed the period of probation, including any term of confinement imposed and payment of all fines, costs, and restitution if any
If you meet the qualifications above, then you may be entitled to have the record of your DWI non-disclosed and sealed from the public. There are also waiting periods that you must account for when you can first apply for an order of nondisclosure. In order to apply for an order of nondisclosure, you must wait until on or after either of the following:
Two (2) years from the date of completion of probation, if you successfully complied with a condition of probation requiring you to have an ignition interlock device for a period of not less than six (6) months; OR
Five (5) years from the years from the date of completion of probation if the court did not require an ignition interlock device during the period of probation
Filing for a nondisclosure can be confusing and making sure that you qualify so you don’t waste valuable time and money is important. That is why if you think you may qualify for an order of nondisclosure regarding a prior DWI conviction, then it is important to contact an attorney to help walk you through the process. Call our office today at 214-306-9696 for a free consultation!
*Note that nothing in this article is intended to be legal advice. For legal advice on any specific case you should contact an attorney directly.