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DWI RECORD SEALING

Sealing DWI Convictions and Probations

 

The law recently changed in Texas to allow individuals to petition to seal the record of their DWI conviction or straight probation by a petition for nondisclosure in some circumstances. If you have a DWI charge or conviction on your record call the Lacayo Law Firm, PLLC and Mrs. Lacayo can evaluate your case to determine if it is eligible for an expunction or nondisclosure.

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Petition for Order of Nondisclosure — Community Supervision following Conviction for Certain DWI Convictions

 

An order of nondisclosure shall be issued if the order is in the best interest of justice and:

1. The person was placed on community supervision under CCP ch. 42A for an offense under:

a. Texas Penal Code § 49.04 [Driving While Intoxicated] other than an offense punishable under § 49.04(d) [Alcohol Concentration of 0.15 or more making it a Class A misdemeanor]; or

b. A provision of CCP art. 42A [Community Supervision], other than CCP arts. 42A.101-42A.108 [Deferred Adjudication Community Supervision], 42A.110, 42A.111 [Deferred Adjudication Community Supervision], regardless of confinement for the offense;

2. The person’s community supervision is not revoked and the person completes the period of community supervision, including any term of confinement and payment of all costs, fines and restitution imposed;

3. The person satisfies the requirements of Govt §§ 411.0731 [Procedure for Community Supervision Following Conviction; Certain DWI Convictions] and 411.074 [Required Conditions for Receiving an Order of Nondisclosure];

4. The person has never been previously convicted of or placed on deferred-adjudication community supervision for another offense other than a traffic offense that is punishable by fine only;

5. The petition for nondisclosure includes evidence that the person is entitled to file the petition; and

6. The attorney representing the State does not present sufficient evidence demonstrating that the offense resulted in a motor-vehicle accident involving another person, including a passenger in the vehicle operated by the person seeking the order of nondisclosure.

 

Date for Filing Petition for Nondisclosure

  1. On or after the second anniversary of the date of completion of community supervision, if the person successfully complied with a condition of community supervision that, for a period of not less than 6 months, restricted the person’s operation of a motor vehicle to one equipped with an ignition interlock device; or

  2. On or after the fifth anniversary of the date of completion of community supervision, if the person was not ordered to comply with a condition of community supervision described above.
     

 

Petition for Order of Nondisclosure – Following Conviction for Certain DWI Offenses

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An order of nondisclosure shall be issued if the order is in the best interest of justice and:

  1. The person is convicted of an offense under Texas Penal Code § 49.04 [Driving While Intoxicated] other than an offense punishable under § 49.04(d) [Alcohol Concentration of 0.15 or more making it a Class A misdemeanor];

  2. The person is not eligible for an order of nondisclosure under Govt § 411.0731 [Community Supervision following Conviction for Certain DWI Convictions];

  3. The person has completed the person’s sentence, including any term of confinement and payment of all fines, costs, and restitution imposed;

  4. The person satisfies the requirements of this section and 411.074 [Required Conditions for Receiving an Order of Nondisclosure];

  5. The person has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only;

  6. The petition for nondisclosure includes evidence that the person is entitled to file the petition; and

  7. The attorney representing the State does not present sufficient evidence demonstrating that the offense resulted in a motor-vehicle accident involving another person, including a passenger in the vehicle operated by the person seeking the order of nondisclosure.

 

Date for Filing Petition for Nondisclosure

  1. On or after the third anniversary of the date of completion of the person’s sentence, if the person successfully complied with a condition of the sentence that, for a period of not less than six months, restricted the person’s operation of a motor vehicle to one equipped with an ignition interlock device; or

  2. If the above does not apply, on or after the fifth anniversary of the date of completion of the person’s sentence.
     

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