Two recent changes in Texas law have opened the door for individuals with DWI records, including underage DWI, to obtain nondisclosure. First, deferred adjudication is now available for misdemeanor DWI offenses. Second, under new nondisclosure rules, even some DWI convictions may now be sealed.
Prior to recent legislative changes, individuals were generally ineligible for an order of nondisclosure unless specific conditions were met.
If you were previously told you were ineligible for record sealing, it’s time to take another look. Thanks to updates from the Texas legislature, you might now qualify for a nondisclosure order. Contact ATX Legal today for a free consultation to determine if you’re eligible under the current law.
What Is DWI Nondisclosure in Texas?
DWI nondisclosure Texas laws allow certain individuals to seal their criminal history records relating to a DWI arrest and prosecution. If granted, a nondisclosure order prevents the offense from appearing on most background checks, helping individuals move forward with their lives.
The key legislative change was House Bill 3016, effective September 1, 2017. This house bill made it possible to obtain nondisclosure even after a DWI conviction under certain conditions.
A DWI nondisclosure can be critical in securing jobs, housing, and educational opportunities, especially for those who have successfully completed community supervision or deferred adjudication community supervision.
Eligibility Requirements for DWI Nondisclosure
To be eligible for DWI nondisclosure, individuals must meet specific criteria outlined by Texas law. Understanding one’s criminal history record is crucial for determining eligibility. Nondisclosure orders include eligibility criteria, court processes, and specific requirements for different types of nondisclosure orders in Texas. Obtaining a DWI nondisclosure allows individuals to have their criminal records sealed from public view. These include:
- Successfully completed deferred adjudication or probation for a first-time DWI
- No convicted or placed history for offenses like sex offender registration crimes or an offense involving family violence
- Compliance with all terms of community supervision
- No involvement in a motor vehicle accident involving another person
- Completion of the applicable waiting period
- Certain first-time low-level DWI offenders may be eligible for a deferred probation sentence that could lead to their case being dismissed upon successful completion of community supervision
- If a misdemeanor is punishable only by a fine, individuals can petition the court for an order of nondisclosure immediately after serving their sentence
- Eligibility can depend on the following offenses and the timing of those charges
- An order for nondisclosure will be denied if the underlying DWI incident involved other individuals
- Individuals sentenced to jail time for certain offenses may face limitations in applying for nondisclosure
- Certain misdemeanors, including DWIs, may be eligible for nondisclosure under specific conditions
- Eligibility can depend on whether the other offense occurred before or after specific legal changes
- Individuals who have been sentenced to probation or jail time for DWI offenses may face limitations in applying for nondisclosure
Waiting Periods
The waiting period varies based on circumstances:
- Two years if an ignition interlock device was installed
- Five years if there was no interlock device
A waiting period of two to five years applies depending on whether the individual had an interlock device on their vehicle for at least six months during community supervision.
The required waiting period begins after the sentence or community supervision ends. During this time, no additional offenses must be committed.
The Nondisclosure Process in Texas
Once the waiting period ends, the process starts with filing a petition in the same court that handled the original DWI case. Here are the steps:
- File the Petition – This includes paying court costs and any remaining fines
- Review – The court examines your criminal history record, criminal record, and ensures all eligibility requirements are met
- Hearing – In some cases, the judge may hold a hearing to assess whether the nondisclosure is in the best interest of justice
- Granting the Order – If approved, a nondisclosure order will be issued and your record will be sealed
It’s important to know that some offenses and circumstances disqualify a person from non disclosure, including:
- A motor vehicle accident with injuries
- Prior felonies
- An affirmative finding of family violence
House Bill 3016 and Its Impact
House Bill 3016 changed the landscape for DWI nondisclosure. Passed by the Texas legislature, it created an opportunity for those convicted or placed on deferred adjudication to seek a second chance.
Key components include:
- Applies to offenses on or after September 1, 2017
- Covers certain first time DWI offenses
- Mandates specific waiting periods and installation of an ignition interlock device in some cases
- Denies eligibility if there’s an associated offense involving family violence, aggravated kidnapping, or other disqualifying offenses
- Allows certain misdemeanors, including DWIs, to be eligible for nondisclosure under specific conditions
Cost to Seal a DWI in Texas
While costs can vary by county and complexity, common expenses include:
- Court costs: usually $250–$350
- Attorney fees for filing a petition and court representation
- Optional: fees for certified copies of the court order
- If a misdemeanor is punishable only by a fine, individuals can petition the court for an order of nondisclosure immediately after serving their sentence
At ATX Legal, we provide transparent pricing and guide you through each step of the process.
FAQs About DWI Nondisclosure in Texas
Can you get a non-disclosure on a DWI in Texas?
Yes. Under certain circumstances—such as having a first time DWI, no motor vehicle accident, and successful completion of community supervision—you may qualify.
How do I get my DWI off my record in Texas?
You must wait for the applicable waiting period, then file a petition in the same court where your case was resolved. Understanding your criminal history record is crucial for determining eligibility. If approved, the court will issue a nondisclosure order to seal the criminal record.
What offenses are not eligible for nondisclosure in Texas?
Offenses that involve family violence, sex offender registration, or serious bodily injury from a motor vehicle accident are generally ineligible. Certain first-time low-level DWI offenders may be eligible for a deferred probation sentence that could lead to their case being dismissed upon successful completion of community supervision. If a misdemeanor is punishable only by a fine, individuals can petition the court for an order of nondisclosure immediately after serving their sentence. Eligibility can depend on the following offenses and the timing of those charges. An order for nondisclosure will be denied if the underlying DWI incident involved other individuals. Individuals sentenced to jail time for certain offenses may face limitations in applying for nondisclosure. Certain misdemeanors, including DWIs, may be eligible for nondisclosure under specific conditions. Nondisclosure orders include eligibility criteria, court processes, and specific requirements for different types of nondisclosure orders in Texas. Eligibility can depend on whether the other offense occurred before or after specific legal changes. Obtaining a DWI nondisclosure allows individuals to have their criminal records sealed from public view. Individuals who have been sentenced to probation or jail time for DWI offenses may face limitations in applying for nondisclosure.
How much does it cost to get a DWI sealed in Texas?
Expect to pay court costs, potential fines, and attorney fees. If a misdemeanor is punishable only by a fine, individuals can petition the court for an order of nondisclosure immediately after serving their sentence. A consultation with our office can provide a personalized estimate.
Call ATX Legal for Help with Your DWI Nondisclosure
Even if you’ve been told before that you were ineligible, changes in Texas law may now apply to your case. If you were placed on deferred adjudication, received probation, or have a DWI conviction, you could now be eligible for nondisclosure under the new law.
Call ATX Legal for a free consultation to find out if you qualify. We’ll determine your eligibility, prepare your petition, and fight for the best interest of your future, including providing immediate legal help.
