A DWI conviction requires key elements are proven beyond a reasonable doubt. As a result,…
Everyone makes mistakes. However, these mistakes can lead to a criminal record that includes an arrest, a charge and a conviction. Convictions can’t be removed from your record. However, Texas law allows you to seal information from your permanent record. Here’s how you can seal your DWI record.
How to Seal Your DWI Record
There are two ways you can seal your DWI record in Texas: expungement and nondisclosure.
Expungement seals your DWI record. That is to say it is erased in the eyes of the law. You are eligible for an expunction if you were:
- Arrested but never charged.
- Charged with a felony but a grand jury did not find probable cause for your arrest.
- Acquitted of the charges.
- Dismissed and the statute of limitations has passed.
- Accepted for pre-trial intervention and successfully completed the terms.
If arrested for DWI in the same county, your previous DWI record will be accessible by government and law enforcement agencies. Additionally, you won’t be offered a pre-trial intervention program.
2. Order for Nondisclosure
If expunction is not an option, you can request an Order for Nondisclosure. A nondisclosure order doesn’t seal your DWI record, but it does limit its accessibility. In other words, it is removed from public access but is available to law enforcement. You qualify for a nondisclosure if you:
- Do not have a conviction in another criminal case.
- Have not received deferred adjudication in the past.
- Weren’t involved in an accident with another person as a result of your DWI.
- Had a BAC under 0.15
How to Get an Expunction or Order for Nondisclosure
To apply, you need to file a petition with the court and a hearing will be scheduled with all applicable agencies. The hearing allows these agencies an opportunity to contest attempt to seal your DWI record. For this reason, It is best to hire an attorney to prepare and file the petition on your behalf.
If you meet all necessary requirements for expungement, the court will grant the expunction. The court has more discretion with Order for Nondisclosure than an expungement request. Above all, if a judge feels justice is not served by granting the Order for Nondisclosure, they will deny it.
Contact a Houston DWI Lawyer to Seal Your DWI Record