Introduction to DWI Nondisclosure
Under DWI nondisclosure law, Texas offers a path for certain individuals to seal their DWI convictions from public view. This option, known as the Second Chance Law, allows people who made a one-time mistake to move forward without the lifelong burden of a public criminal record.
The DWI nondisclosure Texas process applies retroactively to first-time DWI offenses that meet specific eligibility criteria. A person who has successfully completed probation and observed the applicable waiting period may qualify to have the conviction sealed. Recent changes in Texas law now allow individuals convicted of a DWI to seek nondisclosure under certain conditions, expanding opportunities for those with a DWI conviction to protect their privacy.
A nondisclosure order doesn’t erase the conviction, but it limits who can see it. This gives people new opportunities for employment, housing, and licensing. While law enforcement agencies and state licensing agencies may still access sealed records, the general public and most employers cannot.
Eligibility Requirements
To be eligible for DWI nondisclosure, a person must have successfully completed probation or community supervision and complied with all court-ordered conditions. Those placed on deferred adjudication community supervision for other offenses must also meet strict requirements.
Eligibility under the DWI nondisclosure law includes:
- Successful completion of all probation terms.
- No prior convictions or other criminal history (aside from minor traffic offenses and not including other crimes).
- Only certain misdemeanors are eligible for nondisclosure, particularly non-violent misdemeanors.
- A blood alcohol concentration below 0.15 at the time of arrest.
- No accident involving another person.
Cases where the only punishment was a fine may also be eligible for nondisclosure.
People convicted of an offense involving family violence, sexual assault, or other serious criminal offenses are not eligible. A deferred adjudication for certain crimes, such as an offense involving family violence, will also disqualify an applicant. Violent crimes and certain other crimes are excluded from eligibility.
Waiting Periods
The waiting periods for DWI nondisclosure depend on the sentence, the use of an ignition interlock device, and whether the person was placed on deferred adjudication, served jail time, or received a jail sentence.
Typical waiting periods include:
- 2 years after successful completion of probation if an ignition interlock device was used for at least six months.
- 3 years if no community supervision or interlock was ordered.
- 5 years if the sentence did not involve an ignition interlock and the person served a jail sentence instead of probation.
The waiting period begins once all court orders, fines, and conditions of probation are satisfied. This waiting period ensures that the person has demonstrated good conduct before receiving the benefit of record sealing.
Nondisclosure Order Process
To obtain an order of nondisclosure, a person must file a petition with the court that handled the DWI conviction. The petition must be accompanied by the correct legal form specific to the type of order of nondisclosure being requested, and should include relevant information about the offense, sentence, and successful completion of any required community supervision or interlock device usage.
The court reviews the petition, the person’s criminal history, and the circumstances of the offense. If the judge determines it is in the best interest of justice, the court issues an order of nondisclosure.
Once the court order is granted, the records are sealed. While law enforcement agencies, including police and federal agencies, and state licensing agencies may still access the records, employers, landlords, and the public will not see them during background checks.
Applicants should expect to pay court costs when filing, and the process is not automatic unless otherwise provided by statute. Some recent laws allow for an automatic order of nondisclosure in certain circumstances, but in most cases, individuals must file petitions with the appropriate form. Consulting a lawyer or attorney familiar with Texas nondisclosure orders helps ensure all paperwork is correct and deadlines are met.
Second Chance Law and House Bill
The Second Chance Law, formally known as House Bill 3016, was enacted in 2017 as a new law expanding eligibility for DWI nondisclosure. The house bill recognized that many individuals convicted of first-time DWI offenses had shown rehabilitation and deserved relief.
Under this law, certain court orders can seal DWI convictions that previously remained public. The house bill also introduced waiting periods tied to the use of an interlock device and the individual’s compliance with community supervision.
However, the law excludes individuals convicted of sexual assault, aggravated kidnapping, or any offense involving family violence. This ensures that only those who meet certain conditions and pose no ongoing risk can benefit from the second chance law.
Benefits of Sealing a Record
A nondisclosure order brings powerful benefits for people trying to rebuild after a criminal conviction.
- Employment: Most employers cannot see sealed records, reducing barriers to new opportunities.
- Housing: A background check will not show the DWI conviction, improving rental prospects.
- Privacy: The person’s criminal history remains protected from public access.
- Reputation: Sealing a record can help restore trust and professional standing.
Even with sealed records, individuals may need to disclose them in certain circumstances, such as applying for a professional license or working with law enforcement agencies. Still, for most people, sealing a record offers a practical path to a fresh start.
Impact on Employment and Background Checks
A DWI conviction in Texas can create significant obstacles when it comes to employment and background checks. Many employers conduct background checks as part of their hiring process, and a DWI conviction can appear on these reports, often leading to lost job opportunities—especially in fields that require driving, operating machinery, or positions of trust.
The DWI nondisclosure law offers a crucial solution for those who qualify. By petitioning the court for a nondisclosure order, eligible individuals can have their DWI convictions sealed from most public background checks. This means that, for most job applications, the conviction will not be visible, giving applicants a fairer chance at employment and career advancement.
To benefit from DWI nondisclosure, individuals must meet certain conditions. This includes successfully completing probation or deferred adjudication community supervision, fulfilling all court-ordered requirements, and observing the required waiting period. The waiting period varies depending on the circumstances—such as whether an ignition interlock device was used, the length of community supervision, or if jail time was served. For example, those who used an interlock device for at least six months may be eligible to file a petition sooner than those who did not.
It’s important to note that not all DWI convictions are eligible for nondisclosure. Individuals with prior convictions for offenses involving family violence, sexual assault, aggravated kidnapping, or crimes requiring sex offender registration are excluded from this relief. Additionally, certain other criminal history or violations of probation terms can affect eligibility.
Even after records are sealed, law enforcement agencies and state licensing agencies may still access them under specific circumstances. However, for most employers and landlords, the records will not appear in standard background checks, providing a genuine second chance for those who have demonstrated rehabilitation and compliance with the law.
Because the process of petitioning for nondisclosure can be complex, consulting a lawyer familiar with Texas DWI nondisclosure law is highly recommended. An attorney can help determine eligibility, prepare the necessary forms, and guide individuals through the court process to maximize their chances of success.
In summary, while a DWI conviction can have lasting effects on employment and background checks, Texas’s second chance law provides a valuable opportunity for eligible individuals to seal their records and move forward. Understanding the requirements and seeking legal guidance are key steps toward reclaiming your future and improving your employment prospects.
Non Disclosure and Court Orders
A nondisclosure order is a court order that prevents public access to a criminal record. Such an order directs all law enforcement agencies, courts, and state licensing agencies to treat the records as sealed.
This does not erase the conviction entirely. Certain court orders, such as conditions of probation or interlock device requirements, may continue until fully completed.
Once issued, nondisclosure orders compel the removal of public access databases, helping ensure the records sealed stay that way. This process allows individuals to rebuild while maintaining accountability under Texas law.
Conclusion and Final Thoughts
DWI nondisclosure in Texas represents a vital balance between accountability and forgiveness. Under the Second Chance Law, those who successfully complete probation, satisfy waiting periods, and meet all eligibility conditions can have their records sealed through a nondisclosure order.
By filing a petition, paying court costs, and showing successful completion of all obligations, a person convicted of a first-time DWI can move forward with dignity and hope.
If you’re ready to determine your eligibility under the DWI nondisclosure Texas framework, speak with an experienced attorney familiar with Texas law. With guidance and persistence, you can take advantage of this new law and reclaim your future.