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Posted by Jonathan Julio Vela | Nov 17, 2022 | 0 Comments

If you've been arrested and convicted of a misdemeanor DWI, you may be able to "seal" your record by obtaining an order of nondisclosure. An order of non-disclosure essentially does two things: (1) it seals and prevents disclosure of criminal records to the public, and (2) it entitles an individual to legally deny the fact that he or she was arrested or charged with the offense subject to the order, except under very narrow circumstances.

Under Texas law, a person convicted of Driving While Intoxicated ("DWI") may be eligible for an order of nondisclosure where certain conditions specified by statue are satisfied. Texas Government Code Sections 411.0731 and 411.0736 govern the eligibility requirements for obtaining an order of nondisclosure for a previous DWI conviction.

Under the aforementioned statutes, a person with a prior DWI conviction may be eligible for an order of nondisclosure if: 

1) The person has no other convictions or deferred adjudications before or during the wait period for anything greater than a fine-only traffic offense;

2) The person's sentence was completed in full and without revocation if sentence was probated; 

3) The person was NOT convicted of anything greater than a misdemeanor Class B DWI; 

4) The person must NOT have had a BAC level measuring above 0.15; and

5) The person must NOT have been involved in an accident involving another person regardless of injury. 

The applicable WAIT PERIOD for any given case is governed by statute: 

  • If an ignition interlock device ("IID") was NOT ordered, the WAIT PERIOD = 5 years after the date of case disposition. 
  • If an ignition interlock device ("IID") WAS ordered and lived out, the WAIT PERIOD depends on whether a jail sentence was imposed...
    • If [IID ordered and lived out] + [jail sentence imposed] - WAIT PERIOD = 3 years after the date of case disposition. 
    • If [IID ordered and lived out] + [jail sentence NOT imposed (i.e., sentence was probated)] - WAIT PERIOD = 2 years after the date of case disposition. 

Vela Law Firm, PLLC has successfully obtained orders of nondisclosure for its clients previously convicted of DWI on countless occasions. If you or someone you know would like more information about eligibility requirements, effect of a nondisclosure order, and/or the process in general, please contact us using the contact form on our website or feel free to call us directly at (346) 444-8352.

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