Non-Disclosure for DWI Convictions

After September 1, 2017 some individuals who were convicted of DWI (Driving While Intoxicated) are now eligible for a non-disclosure.

A non-disclosure is a way for a person 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.

Previously, you were never eligible to get a non-disclosure on a DWI.  The only cases that were eligible prior to 2015 were cases where you received, and successfully completed deferred adjudication.

After September 1, 2015, the law expanded to allow some non-disclosures for convictions, but excluded DWI, and alcohol related cases.  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-DISCOSURE 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