Over the past few
years, the Texas legislature has passed legislation expanding the availability
of orders of nondisclosure for some criminal offenses. An order of
nondisclosure effectively prohibits public officials and their agencies from
releasing information about specific criminal cases to the public. Recent
changes to nondisclosure laws allow eligible individuals to seek orders of
nondisclosure for first-time DWI convictions. For instance, individuals cannot
get an order of nondisclosure if they were convicted of DWI as a Class A
misdemeanor due to a high blood alcohol content (BAC).
There is a waiting
period before individuals qualify to seek an order of nondisclosure for DWI and
related offenses. These persons must wait two years from the successful
completion of their sentences if the court required them to install an ignition
interlock device (IID) in their vehicles for six months. If the installation of
an IID was not a part of the court order, then these individuals must wait at
least five years from the date that they completed their sentences.
The most recent
change to the waiting period required for an order of nondisclosure concerns individuals
who receive deferred adjudication for a first-time DWI. This is a new means of
resolving a first-time DWI that is newly available as a result of the 2019
legislative session. For individuals who receive deferred adjudication and
otherwise qualify for an order of nondisclosure, the waiting period is somewhat
different. Their waiting period expires two years from the date that they
complete deferred adjudication community supervision, and the court dismisses
the case. This change in the law takes effect on September 1, 2019.
The criminal defense
lawyers of Peek & Toland have handled the legal defense of
countless individuals who are facing criminal charges, including traffic-related
charges. We are here to protect your rights and advocate on your behalf. As a
result, we will strive to get the best outcome possible in your case. Call our
office today at (512) 474-4445 to set up an appointment with our criminal
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) 474-4445 to set up an appointment with our criminal defense attorneys today.
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