Often times people who have been convicted of a DWI tell me they made a bad decision, and do not believe the incident is reflective of their character.
However, they are forced to bear the embarrassment of their temporary lapse in judgment with the DWI on their record for the rest of their life.
In June 2017, there was a change in Texas Legislature known as House Bill 3016 which allows some first time DWI offenders to seal their DWI conviction
Under this law, you are eligible to petition the court for a non-disclosure under certain circumstances. While a non-disclosure does not completely remove a conviction from your record, it can seal it from private agencies/companies and the public at large; government and law enforcement agencies will still be able to see your conviction.
There are certain conditions you must meet and can vary depending upon what sentence was imposed in your case.
The following conditions must be met across the board, regardless of the sentence given in your DWI case.
It must be your first DWI
You cannot have been convicted or placed on deferred adjudication in any other case.
Your blood alcohol concentration was not over a .15, or the state did not make a finding of the .15 blood alcohol concentration
Ex: Your blood/ breath was above a .15 but the state reduced the charges to a class B misdemeanor, and did not make a specific finding of a BAC of .15 or more.
There was no motor vehicle accident involving another person (this can include a single car accident with a passenger in your car)
The final condition is a waiting period. The waiting period depends on the sentence that was imposed in your case.
If you were placed on probation:
2 years after the completion of probation if a ignition interlock was a condition of your probation for 6 months or more
5 years after the completion of probation if the ignition interlock was not a condition of your probation for 6 months or more
If your sentence involved jail time or time served:
3 years after the completion of your sentence, and a ignition interlock was a condition of your sentence for 6 months or more
5 years after the completion of your sentence, and a ignition interlock was not a condition of your sentence for 6 months or more
The new law is complex but can be a great opportunity for those currently living with a DWI on their record to conceal a bad choice they made in their past so it does not hinder future opportunities.
Getting a DWI was out of character for me - I made a terrible decision the night I decided to drive. Alli discussed my case with me at length, and reassured me that everything was going to be okay. She is knowledgeable of the law, and a fierce fighter in court. You most definitely want this Cannon in your corner.
- Lance K.