Houston DWI Record Sealing Attorney

//DWI Record Sealing
DWI Record Sealing 2018-02-27T19:20:41+00:00

In Texas, there are several DWI record sealing processes.

EXPUNCTIONS

You are eligible for an expunction on your DWI case if:

  1. You went to trial and were found NOT GUILTY by a jury or judge
  2. You were charged with a felony and the case was No Billed by a grand jury
  3. Your case was dismissed and the applicable time frame has passed
  4. You were placed on a Pre-Trial Intervention or Diversion and the time stated in the contract has passed

An expunction will destroy all records.  The only exception is if your case was dismissed pursuant to a Pre-Trial Intervention or Diversion program, the DAs office that offered that program typically has a section in the contract that they will keep a record that you were in the program.  The reason they do this is so that if you are ever arrested for DWI again in the same county, they will not offer you a Pre-Trial Intervention or Diversion again.

 NON-DISCLOSURE AFTER DWI CONVICTIONS

After September 1, 2017 some people who were convicted of DWI (Driving While Intoxicated) are now eligible for a non-disclosure, which is a special type of record sealing.

A non-disclosure is a way for an individual to seal their criminal history so that the general public is not able to view their record.  The government, governmental agencies, and law enforcement will still have access to the records however, and that is something that is not able to be sealed.

Previously, you were never eligible to get a non-disclosure on a DWI, all DWI guilty pleas were lifetime convictions.  The only cases that were eligible prior to 2015 were cases where you received, and successfully completed deferred adjudication many years ago. (this stopped in the 1980s)

After September 1, 2015, the law expanded to allow some non-disclosures for convictions, but excluded DWI, and alcohol related cases.  This did nothing to help people with DWIs on their record.  But now, after 9/1/17 it is possible to non-disclose some DWI convictions.

WHO CAN GET A NON-DISCLOSURE ON A DWI CONVICTION (PROBATION)?

  • People who would generally be eligible for a non-disclosure
  • The person must never have been in convicted for any type of criminal case
  • The person must never have been placed on deferred adjudication probation for any type of criminal case
  • There must not have been an accident in the commission of the DWI that involved another person (this includes anyone that was in the defendant’s car)
  • The BAC (breath alcohol concentration –breath/blood test results) must not have been higher than 0.15
  • The person must wait the “waiting period”, which is:
    • 2 years after you finish probation if you had an interlock device for at least 6 months
    • 5 years if you did not have an interlock device for at least 6 months

WHO CAN GET A NON-DISCLOSURE ON A DWI CONVICTION (JAIL SENTENCE)?

  • People who would generally be eligible for a non-disclosure
  • The person must never have been in convicted for any type of criminal case
  • The person must never have been placed on deferred adjudication probation for any type of criminal case
  • There must not have been an accident in the commission of the DWI that involved another person (this includes anyone that was in the defendant’s car)
  • The BAC (breath alcohol concentration –breath/blood test results) must not have been higher than 0.15
  • The person must wait the “waiting period”, which is:
    • 3 years after the completion of the sentence if in some shape or form the judge ordered an interlock device for at least 6 months
    • 5 years if the judge did not order an interlock device for at least 6 months

Get a Free Consultation

For any questions, or to start the process of record sealing your DWI through a non-disclosure in Texas, call Houston DWI Non-Disclosure Attorney Eric Benavides today at 713-222-2828. You can also contact me about your assault case by filling in the following information. The first consultation is always free.