Texas DWI Petition for Nondisclosure
Beginning September 1, 2017, a new Texas law gives many first-time DWI offenders an opportunity to seal the conviction from their record. Contact Matt DeLuca Law at (713) 429-4400 to discuss your eligibility.
The new law allows those who qualify the opportunity to file a petition for nondisclosure. If granted, the nondisclosure would seal the DWI conviction from the general public, and allow you to withhold it from any application for employment or licensing.
Do I qualify?
To be eligible, the DWI conviction must have been a “first offense” under Texas Penal Code § 49.04, and there must not have been a finding of a BAC of 0.15 or more.
If your DWI arrest involved an accident, you may also be ineligible. You must also have never been convicted of or placed on deferred adjudication for any offense other than a traffic ticket, both before and after the DWI conviction.
Is there a waiting period?
There is a waiting period before you can seal your DWI conviction. The length of the waiting period depends on whether your punishment involved probation, jail time, or a “time served” sentence.
If you completed probation:
2-Year Waiting Period
You must wait two years after you complete probation if you had an interlock device in your vehicle for at least six months during probation.
5-Year Waiting Period
You must wait five years after you complete probation if you did not have an interlock device in your vehicle for at least six months during probation.
If you served jail time or a “time served” sentence:
3-Year Waiting Period
You must wait three years after you complete your sentence if you had an interlock in your vehicle for at least six months as a condition of your sentence.
5-Year Waiting Period
You must wait five years after you complete your sentence if you did not have an interlock in your vehicle for at least six months as a condition of your sentence.
Petition for DWI Non-Disclosure Attorney
Preparing a petition for nondisclosure can be difficult to navigate on your own. You’ll want an experienced attorney to help handle this so that you make sure you get it right the first time. Contact Matt DeLuca Law at (713) 429-4400 to discuss your options.