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William A. Pigg’s previous post discussed how the State of Texas is now able to offer deferred adjudication on some DWI cases. Equally good, if not better news is that now it might be possible to have the records of your DWI conviction sealed.

The Texas Government Code as found below sets out the qualifications for Non-Disclosure.

DWI Misdemeanor Convictions – Probation – Eligible for Non-Disclosure

Texas Government Code § 411.0731

1.  Applies to a person placed on community supervision for a criminal offense punishable under Texas Penal Code § 49.04(a), (b), or (c)

2.  It does not apply to a person convicted of a criminal offense punishable under Texas Penal Code § 49.04 if the person had a BAC of .15 or greater.

3.  Must successfully complete probation including any confinement as a condition of community service

4.  Meet requirements of Texas Government Code § 411.074

5.  Never have been previously convicted of or placed on deferred adjudication community supervision for any criminal offense other than a traffic offense punishable by fine only

6.  The court may not issue an order of non-disclosure if the attorney representing the State presents evidence which shows that the criminal offense for which the order of non-disclosure is sought resulted in a motor vehicle accident which involved another person, which includes a passenger in the motor vehicle operated by the person seeking the order of non-disclosure

7.  May petition the court after:

* the second anniversary after completion of community supervision, if for at least six months during the period of community supervision the person seeking the order of non-disclosure had an ignition interlock device installed on their motor vehicle as a condition of community supervision, or

* the fifth anniversary after completion of community supervision, if the person seeking the order of non-disclosure did not have an ignition interlock device installed on their motor vehicle as a condition of community supervision.

8.  This provision is retroactive concerning all criminal offenses punishable under Texas Penal Code § 49.04(a), (b), or (c). As such, it applies to any a criminal offense punishable under Texas Penal Code § 49.04(a), (b), or (c), which is committed before, on or after September 1, 2017

DWI Misdemeanor Convictions – Jail – Eligible for Non-Disclosure

Texas Government Code § 411.0736. addresses Non-Disclosure of DWI convictions when the person seeking the order actually served time in jail as a result of the conviction.

Given these provisions of Texas Law, there is no reason you need to deal with a DWI conviction on your record. Granted not every DWI is eligible for non-disclosure. Contact a Texas Criminal Defense attorney and find out today if you can have your conviction sealed.