- Brian Foley
Conroe DWI Attorney - Nondisclosure of a DWI Conviction.
Conroe DWI Attorney - Brian Foley - Board Certified in Criminal Law.
Did you know that you may be eligible for a non-disclosure of a DWI conviction, even if you didn't get probation? Chapter 411.0736 of the Texas Government code allows for Non-disclosure of a conviction for driving while intoxicated. That's right, a conviction. What if you went to jail for 30 days? No problem. What if you paid a fine but were never on probation? No problem. There are a few requirements though.
You can't be eligible for nondisclosure under 411.0731, which is the provision allowing for nondisclosure if you got probation on a DWI 1st offense.
You must satisfy the requirements of 411.074. This means that you have not been convicted or placed on deferred probation of any new offense other than a traffic fine and you have never been placed on deferred or convicted of failure to register as a sex offender, Aggravated Kidnapping, Murder, Capital Murder, Any family violence offense, stalking, trafficking of persons, Injury to a child, elderly, or disabled person, Abandoning or Endangering a Child, Violation of a Protective Order, or Bond Condition in Family Violence Cases.
You must never have been convicted or placed on deferred adjudication probation for ANY OTHER OFFENSE other than a class C traffic offense punishable by fine only.
There cannot have been a motor vehicle accident involving another person including a passenger in your vehicle. So if you drove off the side of the road by yourself you can still petition for the nondisclosure.
Your blood alcohol cannot have been tested at greater than or equal to 0.15 grams of alcohol per 100 ml of blood. The .15 standard applies to breath and urine samples as well.
5 years has elapsed since the date your sentence was completed. Or 3 years has elapsed (if you had an interlock device installed on your motor vehicle for 6 months as part of your sentence.
So what does all this mean for you? Well if you get an offense nondisclosed you no longer have to report it on job applications and the clerk, district attorney, and law enforcement agencies are prohibited from making this information available to the public. For example in Montgomery County the clerk's office maintains public records of every misdemeanor and felony conviction, probation, and deferred adjudication easily accessible to the public. After a nondisclosure is granted this is taken down from public view. A nondisclosure isn't as good as an expunction and there are many State licensing agencies that are still entitled to see a copy of criminal history record information, but it is a lot better than nothing.
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Sec. 411.0736. PROCEDURE FOR CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS. (a) This section applies only to a person who: (1) is convicted of an offense under Section 49.04, Penal Code, other than an offense punishable under Subsection (d) of that section; and (2) is not eligible for an order of nondisclosure of criminal history record information under Section 411.0731. (b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who completes the person's sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section if the person: (1) satisfies the requirements of this section and Section 411.074; and (2) 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. (c) A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition. (d) Except as provided by Subsection (e), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person was convicted. (e) A court may not issue an order of nondisclosure of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle accident involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure. (f) A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section on or after: (1) 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 a motor vehicle equipped with an ignition interlock device; or (2) the fifth anniversary of the date of completion of the person's sentence, if the court that imposed the sentence did not order the person to comply with a condition described by Subdivision (1) for the period described by that subdivision. Added by Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 6, eff. September 1, 2017. Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF NONDISCLOSURE. (a) A person may be granted an order of nondisclosure of criminal history record information under this subchapter and, when applicable, is entitled to petition the court to receive an order under this subchapter only if, during the period after the court pronounced the sentence or placed the person on community supervision, including deferred adjudication community supervision, for the offense for which the order of nondisclosure is requested, and during any applicable waiting period for the person under this subchapter following completion of the person's sentence or community supervision, including deferred adjudication community supervision, the person is not convicted of or placed on deferred adjudication community supervision for any offense other than a traffic offense that is punishable by fine only. (b) A person may not be granted an order of nondisclosure of criminal history record information under this subchapter and is not entitled to petition the court for an order of nondisclosure under this subchapter if: (1) the person requests the order of nondisclosure for, or the person has been previously convicted of or placed on deferred adjudication community supervision for: (A) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure; (B) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure; (C) an offense under Section 19.02, 19.03, 20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or (D) any other offense involving family violence, as defined by Section 71.004, Family Code; or (2) the court makes an affirmative finding that the offense for which the order of nondisclosure is requested involved family violence, as defined by Section 71.004, Family Code. Amended by: Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.40, eff. January 1, 2017. Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 6, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 7, eff. September 1, 2017.