In 2019, the Texas Legislature changed the nondisclosure law to make some Driving While Intoxicated offenses eligible for an Order of Nondisclosure. Prior to this change, an arrest for DWI could only end with a Dismissal, Probation, Jail time, or a Not Guilty verdict at trial. Keep reading below to see if you qualify under the new law.

What is a Nondisclosure?

A nondisclosure is a Court order that seals the record of a specific criminal offense from the public. If you obtain a nondisclosure, you will not have an obligation to report this criminal offense to many employers. These employers will also not be able to detect the records of your criminal case during a background search. The benefit of sealing these records could obviously be very valuable for many people who have been arrested for DWI. There are, however, significant limitations to this benefit. Not all DWI defendants are eligible for a nondisclosure and many government agencies are exempt from a Court’s nondisclosure order. Nondisclosures are also distinct from Expungements, which I discuss in a different post.

DWI Now Eligible for Nondisclosure

In 2019, the Texas Legislature expanded nondisclosure eligibility to certain DWI offenses. Before this legislative session, most DWI defendants either had to plead guilty and receive a final conviction on their record or risk a trial. Under the new law, Courts may now sentence DWI defendants to Deferred Adjudication Community Supervision which makes some defendants eligible for an Order or Nondisclosure.

Deferred Adjudication is a special type of probation that has been long been available to defendants arrested for other offenses. Under Deferred Adjudication, the defendant pleads guilty but the Judge defers entering the plea into the record. The Judge then places the defendant on probation for an agreed upon term. If the defendant successfully completes probation, then the Judge dismisses the case. The defendant’s goal is to obtain a dismissal and then petition the Court for an Order of Non-Disclosure.

The legislature placed very strict guidelines on which DWI defendants can now qualify for a nondisclosure. To qualify, a DWI defendant must:

  1. NOT have had a BAC greater than 0.15
  2. NOT have caused an accident involving another person as part of this offense
  3. Have been placed on Deferred Adjudication Community Supervision by the Court
  4. Have successfully completed all conditions of Deferred Adjudication Community Supervision
  5. NOT have been placed on Deferred Adjudication Community Supervision for a previous offense (other than a traffic ticket)
  6. NOT have been convicted of any prior offense (other than a traffic ticket)
  7. NOT have committed any new offenses during the mandatory waiting period after discharge from probation

As you can see, the eligibility window for a DWI nondisclosure is very narrow. This primarily benefits first-time DWI offenders with an otherwise clean record and whose offense was not particularly severe.

Certain Agencies Will Still Receive Notification

Even if a DWI defendant does qualify, they should be aware of other limitations to the scope of a nondisclosure. Under Texas Law, even if you obtain a nondisclosure DPS will still release the records of your case to a lengthy list of non-criminal government agencies. These agencies generally oversee certification for people seeking professional licenses and positions of public trust. Some of the most notable agencies on the list include:

  1. The State Board of Educator Certification
  2. The Texas Medical Board
  3. The Board of Law Examiners
  4. The Department of Family Protective Services
  5. The Texas Board of Nursing

An Order of Nondisclosure will not prevent these agencies from finding out about your criminal record.

Timeline for Nondisclosures

A DWI defendant cannot petition the Court for an Order of Nondisclosure until a 5-year waiting period expires. This waiting period will begin on the date the Court discharges the defendant from probation. One way for a defendant to shorten the waiting period is to install and maintain in interlock device on their vehicle during probation. If a defendant on Deferred Adjudication for a DWI maintains an interlock on their vehicle for at least 180 days, then the waiting period decreases from 5 years to 2 years.

Conclusion

If the police have arrested you for DWI in Texas, you might be eligible to have this arrest sealed from the public. To make this happen, you need to seek an attorney who is knowledgeable about the process for obtaining an Order of Nondisclosure. If you qualify, then a good attorney can potentially save your career, future career prospects, and family from irreversible harm. Please contact Carter Criminal Defense today if you would like a free consultation to see if you qualify for a nondisclosure.