Criminal Defense Practice Areas:

DWI Order of Nondisclosure

 

DWI ORDER OF NONDISCLOSURE

 

Do you have a Driving While Intoxicated (DWI) in your past that you want to keep members of the general public from finding out about? The Texas Legislature recently amended Chapter 411 of the Government Code, which includes the rules and procedures for the obtaining an Order of Nondisclosure of your criminal history record information. Section 411.0731 specifically addresses the procedure for obtaining such an Order following certain DWI convictions.

Generally speaking, there are three main requirements to receive a DWI Order of Nondisclosure in Texas. The rules are as follows:

  • (1) You must have been placed on community supervision (also sometimes referred to as probation) for a class B misdemeanor DWI. A DWI conviction for a second offense or a conviction for an offense that alleges an alcohol concentration in excess of .15 will be grounds for a denial of your petition.

 

  • (2) You must have completed your period of community supervision and have paid all fines, costs and restitution imposed by the court.

 

  • (3) You cannot get an Order of Nondisclosure if, in response to your petition, the State's attorney presents evidence that the offense for which the Order is sought involved a motor vehicle accident that involved another person, including a passenger in the vehicle you were driving.


If you believe that you satisfy the requirements of the statute, you may file a petition in the court that placed you on community supervision, seeking an Order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the community supervision. Your petition must include evidence that you are entitled to file the petition.

If you were required to have an ignition interlock device in your motor vehicle for at least six months as a condition of your community supervision, you may file your petition on or after the second anniversary of the date upon which you successfully completed your community supervision. If the court that placed you on community supervision did not order you to install an ignition interlock device for at least six months as a condition of your community supervision, you may file your petition on or after the fifth anniversary of the successful completion of your community supervision.

The lawyers here at the Law Office of Daniel and Hudson are knowledgeable about these new provisions of the statute designed to give certain DWI offenders a second chance at a clean record. We are prepared to review your case with you to see if you might benefit from them. If you are interested in such a review, we hope you will contact us and let us see if we can be of service to you.

For a free, confidential consultation contact the Law Office of Daniel & Hudson at 210-222-2297. We are available 24 hours a day, 7 days a week.