Texas HB 3016 amends the Texas Government Code and now allows certain nonviolent misdemeanors to be eligible for a nondisclosure. When certain conditions are satisfied, the new law allows for some individuals convicted of a DWI to receive a nondisclosure.
DWI Cases: Who is Eligible for a Nondisclosure?
You may be eligible for a nondisclosure if you were convicted of a first DWI, your blood alcohol was less than 0.15, there was no accident involving another individual, and you have satisfied the proper waiting period. If you were ordered to have ignition interlock on your vehicle for at least six months, you must wait two years. If you did not have ignition interlock on your vehicle, then you must wait five years.
In summary, you are NOT eligible for an Order of Nondisclosure if:
- You have more than one DWI
- Your blood alcohol was higher than 0.15
- The DWI involved an accident with another person
- You have not waited the required time period (if all other conditions are satisfied, you simply need to wait the required time)
What is an Order of Nondisclosure?
In simple terms, an order of nondisclosure is essentially a sealing of your records. After an order of nondisclosure is entered, only certain agencies would be able to see the offense if they conducted a background check. This differs from an expunction because only offenders whose cases were dismissed with no order of community supervision as well as certain Class C misdemeanors are eligible to fully expunge their records. An order of nondisclosure is the next best thing.
Why is a Nondisclosure Important?
Having a clean record is ideal for getting a job, renting a house, volunteering, or getting into a school. Having something on your record can disqualify you. Every week, the Law Office of Dayna Jones gets a call from a potential client who has something minor on their record from years back, but they just lost a job opportunity because they never got it cleared up when they could have. Not every criminal case is eligible for a nondisclosure or expunction, but it is worth having a lawyer look into it for you.
Please contact the Law Office of Dayna Jones to have an experienced attorney determine whether you are eligible for a nondisclosure or expunction.