Eligibility Requirements
To qualify for a non-disclosure following a first-time DWI offense, you must:
- Have no prior criminal convictions or deferred adjudications, except for minor traffic offenses punishable by a fine only.
- Not have been convicted of a Class A DWI, which involves a blood alcohol concentration (BAC) of 0.15 or more.
- Not have been involved in an accident that resulted in injury to another person, including passengers in your vehicle.
- Have successfully completed all terms of your deferred adjudication, including any jail time, community supervision, and payment of fines and restitution.
- Have completed any required waiting period:
- Two years if your sentence included the installation of an ignition interlock device for at least six months.
- Five years if the ignition interlock device was not required or was required for less than six months.
Process for Petition
To initiate the non-disclosure process, you must file a petition with the court that handled your case. The court will then schedule a hearing to determine whether granting the non-disclosure is in the best interest of justice. If the court approves your petition, it will issue an order sealing your criminal record from public view.
Important Considerations
- Non-Disclosure vs. Expunction: An order of non-disclosure does not erase your criminal record but restricts public access to it. Certain government agencies and law enforcement may still access your record.
- Legal Assistance: Navigating the petition process can be complex. You will want a lawyer to handle this for you. Contact me today and I will be happy to consult with you about whether a Non-Disclosure is the right choice for you.
If you believe you may qualify for a Non-Disclosure after a first-time DWI, don’t navigate the process alone. Contact us today to schedule a consultation and find out how we can help you protect your future and move forward with confidence.