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DWI Nondisclosure

Texas DWI Nondisclosure Attorney

If you were previously convicted or placed on probation for driving while intoxicated in Texas, then you may be eligible to have your record sealed with a DWI nondisclosure. A DWI nondisclosure means that your Texas criminal history record related to your arrest and prosecution for DWI is sealed so that the public can no longer see it. A nondisclosure of your Texas DWI may legally entitle you to deny that you were ever even arrested for DWI. If you think you may be entitled to a DWI nondisclosure, then you should immediately consult a nondisclosure attorney. Contact us today. We can tell you if you are eligible to apply and help you through the process.

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There are a lot of websites out there that offer to nondisclose, seal or expunge your criminal DWI record. Some offer to do it almost for free. Don’t be lured into some online scam. The nondisclosure process must be done correctly for it to be effective. Hire a local nondisclosure lawyer, and see that it gets done right the first time.

Understanding The Texas DWI Nondisclosure Law

Texas law allows most people convicted of DWI to request that their Texas DWI criminal history record be sealed by a DWI nondisclosure. This can be done for people who were sentenced to probation or to jail time. The Texas DWI nondisclosure statute is contained in Chapter 411 of the Texas Government Code. The eligibility requirements in order to qualify for a DWI nondisclosure are set forth below.

Eligibility Requirements For DWI Nondisclosure

DWI Conviction With Probation

If you were placed on probation following a conviction for DWI, the general eligibility requirements for nondisclosure are:

  • No high test result: If you were required to submit to a blood, breath or urine test, then the test result did not show an alcohol concentration of .15 or more.
  • No motor vehicle accident: The offense did not result in a motor vehicle accident involving any other person.
  • Probation successfully completed: Your probation was never revoked, and you fully completed the terms of your probation including jail time, fines, court costs and any restitution owed.
  • No prior offenses: You have not been previously convicted or placed on probation for any other offense other than a minor traffic offense.
  • Waiting period: The applicable waiting period has expired (see below).
  • No prohibited offenses: You have never been convicted or placed on probation for any offense listed in Section 411.074 of the Texas Government Code (see “Prohibited Offenses” below).

DWI Conviction With No Probation

If you were convicted of DWI but not placed on probation, then the general eligibility requirements for nondisclosure are:

  • No high test result: If you were required to submit to a blood, breath or urine test, then the test result did not show an alcohol concentration of .15 or more.
  • No motor vehicle accident: The offense did not result in a motor vehicle accident involving any other person.
  • Sentence successfully completed: Your sentence was fully completed, including jail time, fines, court costs and any restitution owed.
  • No prior offenses: You have not been previously convicted or placed on probation for any other offense other than a minor traffic offense.
  • Waiting period: The waiting period applicable to your case has expired (see below).
  • No prohibited offenses: You have never been convicted or placed on probation for any offense listed in Section 411.074 of the Texas Government Code (see “Prohibited Offenses” below).

Waiting Periods

A person who is otherwise eligible for an order of nondisclosure, as set out above, may petition the appropriate court only after any applicable waiting period has expired. The length of the waiting period following successful completion of probation depends on whether or not the person complied with a condition of probation that required six months or more of interlock on the person’s vehicle. The length of the waiting period following conviction without probation also depends on whether or not the person complied with a condition of the sentence that required six months or more of interlock.

The following are the required waiting periods:

  • Probation with six months of interlock: two-year waiting period
  • No probation with six months of interlock: three-year waiting period
  • Probation with no interlock: five-year waiting period
  • No probation and no interlock: five-year waiting period

No Prohibited Offenses

There are certain offenses that if you have ever been convicted or placed on probation for one of those prohibited offenses, then it will bar you from obtaining a nondisclosure of any Texas DWI case at any time. Those offenses are listed below. If you have ever been convicted or placed on deferred adjudication for any one of these offenses, then you may be ineligible for nondisclosure of your Texas DWI case.

  • An offense requiring sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure
  • An offense of aggravated kidnapping under Texas Penal Code Chapter 20
  • An offense under Section 19.02, 19.03, 20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072 of the Texas Penal Code
  • Any offense involving family violence
  • Any offense for which the court made an affirmative finding of family violence

Hire An Experienced Criminal Defense Attorney

It is important that your consult with an experienced Texas DWI nondisclosure attorney to determine if you may qualify for nondisclosure of your DWI arrest and criminal history record. Do not try to make this determination based solely upon information you find on this or any other website. Only a qualified Texas attorney should advise you regarding your rights in this matter. We have successfully handled many nondisclosures over the past 20 years. Let us help you clear your record.

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