Montgomery County DWI Nondisclosure

A DWI conviction in Montgomery County, Texas can follow you for the rest of your life unless you take action to protect your record. Even a first time DWI offense can show up on background checks, creating barriers to employment, housing, professional licensing, and personal opportunities. Thankfully, Texas law now provides an opportunity for certain qualifying individuals to seek a DWI Nondisclosure, which effectively seals the public record of the offense from employers, landlords, and most background check systems. 

Decades of legal experience matters when navigating the complexities of DWI Nondisclosure eligibility and filing requirements. Andrea M. Kolski brings more than 25 years of criminal defense practice to clients in Montgomery County. As a seasoned trial lawyer, former Harris County prosecutor, and former president of the Montgomery County Criminal Defense Lawyers Association, Andrea understands how to build compelling cases for her clients and guide them through the process of sealing their DWI records whenever possible. 

What Is a DWI Nondisclosure? 

A DWI Nondisclosure is a court order that seals the public record of a DWI conviction from civilian view. It allows individuals to avoid disclosing the conviction on job applications, rental applications, and other situations where a criminal background check might otherwise reveal the conviction. Under Texas Government Code, Sections 411.0731, 411.0736, and related provisions, certain DWI convictions that meet statutory criteria may be sealed through an order of nondisclosure.  

It is important to understand that a DWI Nondisclosure does not erase the conviction from all records. Law enforcement, certain government agencies, and licensing boards will still have access to the conviction for purposes such as future criminal proceedings or professional licensure decisions. However, sealing the record from public view can dramatically reduce the stigma and collateral consequences associated with a DWI conviction.  

Who Qualifies for a DWI Nondisclosure in Texas? 

Not everyone with a DWI conviction qualifies for a Nondisclosure. Texas law sets specific eligibility criteria that must be met before a petition can be filed and ultimately granted by the court. 

To be eligible for a DWI Nondisclosure: 

• The DWI must be a first time offense with no other convictions. People who have been convicted or placed on deferred adjudication for other offenses (except minor traffic offenses punishable only by a fine) are typically ineligible.  
• The blood alcohol concentration (BAC) for the DWI must be less than 0.15 at the time of the offense. Higher BAC levels usually disqualify a person from sealing the record.  
• The offense must not involve an accident that resulted in injury to another person. In such cases, prosecutors may argue against nondisclosure based on public safety considerations.  
• The individual must have successfully completed all terms of their sentence, including probation or community supervision, and must have paid all fines, court costs, and restitution.  

Texas law also provides that the waiting period before filing for a DWI Nondisclosure depends on the terms of the sentence. If a period of ignition interlock use was required during probation, the waiting period before filing is generally two years following completion of the sentence. In the absence of an interlock requirement, the waiting period is typically five years following sentence completion.  

These provisions mean that eligible individuals must wait for the statutory period to pass before petitioning the court to seal their DWI record. Filing prematurely can lead to a denied petition and unnecessary legal costs. 

The Many Benefits of DWI Nondisclosure  

Rarely do people get a second chance at correcting their mistakes.  This is especially true when it comes to the law.  However, in 2017 Texas passed the DWI Nondisclosure act which many called the “Second Chance” bill because it allows people to finally put that DWI behind them.  A DWI Nondisclosure in Montgomery County offers tangible benefits that can improve many aspects of life: 

Employers commonly conduct background checks, and a DWI conviction can discourage hiring managers from offering opportunities even when the conviction was in the distant past. If someone gets a DWI Nondisclosure, that DWI can be withheld from most employment inquiries. 

Landlords and property managers frequently screen applicants using criminal history databases. A public DWI record can result in denied rental applications or higher security deposits. Once sealed, the conviction is hidden from these routine searches. 

Financial institutions and lenders may consider criminal history as part of loan reviews. While not always determinative, having a sealed record removes a negative factor from the application process. 

Educational institutions often require disclosure of convictions for scholarships, admissions, or housing. A proper DWI Nondisclosure means eligible people can lawfully avoid disclosing the past conviction in most cases. 

Professional licensing groups and boards often review candidates’ legal background before approval or inclusion. Although a few specific licensing agencies can access sealed records, most don’t have that ability and a Nondisclosure reduces the risk of biased denial in unrelated employment or educational contexts. 

Perhaps most importantly, a DWI Nondisclosure can restore peace of mind and get that DWI monkey off your back.  Knowing that the public cannot access that history allows good people to move on with their life without fear of being judged for a past mistake. 

Removing The Stigma of a DWI Record 

Beyond the legal consequences, there’s a social price to pay with a glaring legal conviction is there for the world to see.   

Social relationships and personal confidence may also suffer. Despite changing attitudes about alcohol and personal responsibility, many people continue to perceive a DWI conviction as a character flaw rather than an isolated mistake. The public accessibility of the conviction magnifies that stigma, affecting personal and professional interactions. 

Why You Should Consider a DWI Nondisclosure 

If you meet the eligibility criteria under Texas law, pursuing a DWI Nondisclosure is often a wise decision to protect your privacy and future opportunities. While a Non Disclosure is not an expunction, which would erase the record entirely, it effectively seals the conviction from most civilian access. That means you can truthfully state in many applications that you have no conviction when asked about your criminal history. The relief is significant and practical. 

Pursuing a Non Disclosure early ensures that once you become eligible to file, you are ready with a comprehensive petition that meets procedural requirements. Proper preparation increases the likelihood that the court will grant your petition. 

Clear Your Record and Reclaim Your Life 

If you’re ready for a fresh start, a DWI Nondisclosure is a no-brainer.  However, there are specific filing requirements and eligibility standards that must be met.  Any mistakes, errors, or filing oversights can mean denial, delays, or worse.  Hiring an experienced attorney can insure your DWI Nondisclosure is in order and on file quickly- usually within a few weeks.    

When applying for a DWI Nondisclosure, your best bet is an attorney who knows the procedural nuances, the evidence requirements, and the timing for filing. Montgomery County attorney Andrea Kolski has filed countless DWI Nondisclosures on behalf of clients ready to clear their record.   

Your Second Chance is One Call Away 

Worried a prior DWI might impact a job application? Apartment lease? Online Dating app?  Home loan?, Whatever the reason, we’ve got your back!  We take the hassle out of applying for DWI Nondisclosure so you don’t have to worry.  In just a few minutes, Andrea Kolski and her team at Nonstopjustice can determine your eligibility and handle everything for your DWI Nondisclosure.     

Don’t Make The Same Mistake Twice!  

Mistakes and filing errors are common for people unfamiliar with the DWI Nondisclosure process.  These can result in frustrating denials, costly delays, and additional filing fees.  Call Andrea Kolski and make sure it’s done right the first time!   

Driving while intoxicated is a costly mistake that thousands of Texans make every year.  But, it’s a mistake that doesn’t have to follow you around for life.  Let us clear your record and your conscience with a DWI Nondisclosure and help you get on with your life.  Contact us today!