Generally, criminal proceedings are a matter of public record, meaning that anyone can view arrest records and court records concerning criminal charges. In some cases, however, it may be possible to obtain an order of nondisclosure, which prevents access to records about a particular criminal case by the public. A recent expansion of this law allows individuals to get an order of nondisclosure for records of some DUI arrests and convictions.
Typically, a DWI charge is a Class B misdemeanor. However, a DWI charge may increase to a Class A misdemeanor if the person’s blood alcohol content (BAC) is 0.15% or higher. A DWI case will not qualify for an order of nondisclosure if the charge became a Class A misdemeanor for this reason. Any qualifying DWI case also must not have involved any kind of accident involving another person, including a passenger, even if no one was injured. An individual must have no prior convictions for anything other than minor traffic offenses, including any offenses that were resolved through deferred adjudication or probation.
Can I Get an Order of Nondisclosure for My DWI?
Furthermore, there is a waiting period before you may be able to seek an order of nondisclosure for a DWI case. The length of this waiting period depends upon whether a condition of your sentence was to drive only with an ignition interlock device (IID) for a period of six months. If you had an IID successfully for six months, then you are eligible to file a petition for an order of nondisclosure three years following the completion of your sentence. However, if you did not have an IID as part of your sentence, then you must wait five years following the completion of your sentence.
The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing criminal charges. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 399-2311 to set up an appointment with our criminal defense attorneys today.