Getting an order of nondisclosure for your criminal records, or “sealing” your records, allows you to restrict these records from the view of the general public, with some exceptions for criminal justice agencies and governmental employers. An order of nondisclosure for any criminal conviction also permits you to deny that you have that criminal conviction.
Before September 1, 2017, there was no mechanism in the state of Texas for you to get an order of nondisclosure, for any DWI convictions under any circumstances. However, the Texas legislature amended the law to allow eligible individuals to apply for orders of nondisclosure for specific non-violent misdemeanors, including some DWI convictions. Individuals are not qualified to seek an order of nondisclosure until two years have passed since they completed their sentence, including any period of community supervision, and in some cases, five years. Additionally, individuals must meet the following requirements to be eligible for an order of nondisclosure for a DWI conviction:
- They must never have been on deferred adjudication community supervision or probation for another offense, other than a traffic offense punishable only by fine.
- They have paid all fines, court costs, and restitution that the court ordered.
- It has been at least two years since they completed their sentences, including the successful completion of all conditions of their sentences for six months and the successful completion of at least six months of driving only with an ignition interlock device.
- The DWI offense did not result in an accident that involved another person, including any passengers.
Some DWI convictions, however, remain ineligible for sealing or an order of nondisclosure. These include convictions for possession or consumption of or selling alcohol to minors, driving while intoxicated with a BAC of 0.15 percent or higher, flying or boating while intoxicated, and operating an amusement park while intoxicated. Whatever your situation may be, you will need skilled legal assistance to work toward a resolution of your immigration law matter. The Texas criminal defense attorneys of Peek & Toland know how to help you navigate through the complicated criminal justice system and get the relief that you need. Take the first step today, and to work toward protecting your future. Contact our office today at and set up an evaluation with one of our highly skilled Texas criminal defense lawyers.