CRIMINAL DEFENSE
Criminal Records
Texas DWI Nondisclosure Attorney
If you were previously convicted of or placed on probation for DWI in Texas, you may be eligible to seal the public record of that case through a DWI nondisclosure. When granted, the public can no longer see that criminal-history record, and in many situations you can legally deny that you were ever arrested for that DWI.
Because eligibility depends on the exact history of your case, the safest course is to have an attorney review the record before filing anything.
Texas law allows many people convicted of DWI to request that the public record of the arrest and prosecution be sealed. The governing statute is found in Chapter 411 of the Texas Government Code, and it applies both to certain probation cases and to some cases involving jail sentences.
General eligibility usually includes no test result of .15 or more, no accident involving another person, successful completion of probation or sentence terms, no prior criminal offense other than minor traffic matters, expiration of the applicable waiting period, and no prohibited offense in your criminal history.
The waiting period depends on whether the sentence involved probation and whether there was at least six months of ignition-interlock compliance. In general, the waiting periods are two years for probation with six months of interlock, three years for a nonprobated sentence with six months of interlock, and five years in cases without the qualifying interlock condition.
Some criminal histories will bar DWI nondisclosure entirely. Prohibited offenses include sex-offender-registration offenses, aggravated kidnapping, certain serious Penal Code offenses, and any offense involving family violence or an affirmative finding of family violence.
You should not try to decide your own eligibility based only on internet research. A lawyer who regularly handles nondisclosures can review the exact disposition, determine whether you qualify, and make sure the petition is prepared correctly the first time.
