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Here’s What You Should Know About a Texas DWI Statute That Can Expunge a DWI From Your Record

The Law Firm of Andrea M. Kolski

There’s a Texas DWI Statute That Can Help Expunge a DWI Off the Record
Have you been convicted of a DWI? Chances are that you have a lot of questions.

DWI convictions can have a big impact on your life once they become a part of the public record. Fortunately, a new Texas DWI statue may be able to help.

If you qualify, this Texas statue may allow your first DWI offense record to be sealed. Read on to learn more about the protections that may be available to you.

What is the Texas DWI Statute?

In Texas, as in most states, driving while intoxicated is considered a criminal offense. Court proceedings pertaining to criminal conduct are available to the public.

Thanks to the internet, getting access to public court records is easier than ever. If you’ve been convicted of a DWI, however, this isn’t necessarily a good thing. Your legal record can become inconvenient and embarrassing when applying for a job or travelling internationally.

New protections, also known as H.B. 3016, may be available to help you protect your record. This law, which allows for non-disclosure in some cases can help you get the protection you deserve.

H.B. 3016 was signed into law on June 15th, 2017 and amended the current law to allow for the seal for some first time DWI cases. Texas DWI convictions typically fall into two classes of misdemeanors. These two categories are known as Class A and Class B misdemeanors.

Class A misdemeanors involve convictions of those whose blood alcohol count was at .15 or higher at the time of the arrest. Class B convictions typically involve those who were arrested with a blood alcohol count below .15.

Thanks to this law, which went into action in September of 2017, Type B offenses may be eligible for seal, if the offender meets a specific set of criteria.

What is a Non-Disclosure and How Can It Help You?

So what is a non-disclosure exactly? According to the Texas Office of Court Administration, “An order of nondisclosure is a court order prohibiting public entities such as courts and police departments from disclosing certain criminal records. If you have a criminal record, you may benefit from obtaining such an order. An order of nondisclosure also legally frees you from disclosing information about your criminal history in response to questions on job applications. You do not need to mention information related to the offense that is the subject of an order of nondisclosure.”.

If you qualify for a non-disclosure, you can benefit from having your first time DWI offense sealed. In order to qualify, however, you will need to petition the court for these protections.

An informed Texas lawyer is your best line of defense when arguing for the legal protections guaranteed to you by law.

Will You Qualify for Texas’ DWI Non-Disclosure Protections?

If you’ve been convicted of a DWI and your blood alcohol level was below .15, you may qualify for new protections that make your life a little easier. To qualify, you must not have been a party to an accident at the time of the arrest.

You also must have a clean record to qualify for the protections of the Texas DWI non-disclosure law. This means that you must not have a previous history of convictions. This includes deferred adjudications or probation but excludes minor incidences like minor traffic violations.

What Else Does the Non-Disclosure Law Require?

In order to receive these protections, the offending party must be willing to wait anywhere from two to five years from the date of the offense. In addition, you may be required to install an ignition interlock device in your vehicle.

To petition the court for a seal, you’ll need to contact a lawyer. Lawyers experienced in working with DWI cases can help you successfully petition for your seal.

If you’re looking to avoid the five-year wait, an ignition interlock device is another option. Installing an ignition interlock device in your car assures the court that your initial DWI offense will be your last. An ignition interlock device tests the drivers blood alcohol level before starting the vehicle.

There are other details to the law that can help get your past mistakes behind you. An experienced DWI attorney can discuss what options are available and what steps you can take to make the best of your situation.

Make the Call and Seal Your Record

Are you ready for a fresh start? It’s time to get a an experienced DWI lawyer working on your behalf.

Don’t let a past DWI jeopardize your future. This new Texas statute is there to help people just like you get on with their lives.

Getting a great lawyer with extensive knowledge of DWI protections is easier than ever. For more information, give us a call today. We’re here to help.

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