The Governor of Texas has signed a new bill making some people convicted of DWI eligible for a petition for nondisclosure, or more commonly known as getting charges sealed from criminal record. In the past, a DWI could never be removed from your record, on September 1, 2017 this will change (and it applies to cases prior to September 1, 2017!). As expected, there are a lot of factors that will cause a person to be ineligible to have their records sealed.
The requirements are as follows:
- Must be a first time offender
- Breath and/or blood test must be below 0.15
- DWI cannot involve an accident with another person (even if they are a passenger)
If you made it this far, now you probably want to know when you are eligible for the nondisclosure.
If you successfully completed community supervision (probation):
- Second anniversary of the date of completion of probation, if you were required to have an ignition interlock for at least 6 months.
- Fifth anniversary of the date of completion of probation, if you were not required to have an ignition interlock.
If you were sentenced to jail (or paid a fine and were given credit for the time you already served):
- Third anniversary of the date of completion of the jail sentence (or when you paid the fine if you were given credit for time you already served) – if it was a condition of the sentence that you have an ignition interlock for at least six months. (NOTE: I have never heard of anyone being required to have an ignition interlock as a condition of a conviction on a DWI 1st offense. I am interested to see if this applies to a person who was convicted and subsequently got an occupational license and interlock.)
- Fifth anniversary of the date of completion of the jail sentence if the court that imposed the sentence did not order an ignition interlock.
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Those are the requirements you must meet in order to remove a DWI from your record. If you need help during this process, a DWI attorney in Houston can assist you. Even if you feel confident in your ability to navigate this process, working with an experienced attorney can streamline your workload and ensure that you don’t miss anything.
If you think you are eligible to have your DWI records sealed, call Jay Cohen and let’s get your DWI sealed!