DWI Nondisclosure

If you have been previously convicted or placed on probation for a DWI (Driving While Intoxicated) offense in Texas, you may qualify to have your record sealed through a DWI nondisclosure. A DWI nondisclosure restricts public access to your Texas criminal record associated with the DWI arrest and prosecution, effectively sealing it from public view.

Q: What is the difference between sealing and erasing?

A: “Erasing” it from your record can only be done by expunging it. Unfortunately, that is still not available for a DWI conviction. However, a new law allows people with DWI convictions (in some circumstances) to get the record sealed – which would limit the people who can see it. This can be done with a petition for nondisclosure.

Q: OK. Who would still be able to see it?

A: Government agencies. But they would not be allowed to tell private entities (Dell, Amazon, landlords, lenders, real estate companies, etc.) about the arrest. So, getting it sealed prevents most people from being able to see it.

Q: That’s not ideal. But it is certainly better than just leaving it visible to everyone, right.

A: Correct.

Q: How do we do it, then?

A: We file a Petition for Nondisclosure.

Q: Is that fast and easy?

A: No. It requires a lot of legal paperwork. It takes roughly 2 months to get the order signed by a judge.

Q: Understood. I would like to get my DWI sealed, please. What are my next steps?

A: We need to determine if you are eligible.

If you were convicted of DWI but were not placed on probation, the general eligibility requirements for nondisclosure are:

  • Your alcohol concentration must not have been .15 or higher.
  • The offense did not involve an accident with another person.
  • You fully completed your sentence, including jail time, fines, court costs, and any restitution.
  • You have no previous convictions or probation, other than for minor traffic violations.
  • The required waiting period for your case has passed (see details below).
  • You have not been convicted or placed on probation for any offense listed in Section 411.074 of the Texas Government Code.

If you were placed on probation after a DWI conviction, the general requirements for nondisclosure eligibility are as follows:

  • Your alcohol concentration must not have been .15 or higher.
  • The DWI did not involve a motor vehicle accident with another person.
  • Your probation was not revoked, and you fully completed all probation terms, including any jail time, fines, court costs, and restitution.
  • You have not been convicted or placed on probation for any other offense, except for minor traffic violations.
  • The required waiting period for your case has passed (see details below).
  • You have never been convicted or placed on probation for any offense listed under Section 411.074 of the Texas Government Code.

Q: Yes, I am eligible! When can we get started?

A: There are 3 different waiting periods based on whether you were required to get an ignition interlock device as part of the sentence. It is either:

TWO YEARS after the completion of probation if it included six months with an ignition interlock system in your car.

OR,

THREE YEARS after completing your jail sentence if the terms of your sentence included 6 months with an ignition interlock system in your car.

OR,

FIVE YEARS after completing probation or jail sentence if the terms of your probation or sentence did not require the ignition interlock system in your car.

Q: I am eligible right now. When can we start?

A: We can start right away.

Q: The waiting period is not over yet. Can I still pay you to get started and file the moment I am eligible?

A: Absolutely. We will put your eligibility date on our calendar and file as soon as possible.

Q: I am not sure if I am eligible. Will you tell me?

A: Of course. Just email us.