What Is The Process To Apply For A Non-Disclosure Of My DWI In Texas?
The process to apply for a non-disclosure or get records sealed after a DWI in Texas involves filing a petition for non-disclosure. There is generally a two-year waiting period after the completion of probation before the individual can apply for a non-disclosure. If the DWI involved an accident with another vehicle or it was a single-vehicle collision with a passenger, then they might not qualify. Unlike someone who was found not guilty at trial and therefore entitled to an expunction, a non-disclosure is not something that is ever guaranteed to a person. In fact, a judge may find that it is not in the best interest of justice to allow someone’s record to be sealed—even if they successfully completed deferred adjudication probation.
In Travis County, most judges are open to the idea that many people deserve to have their records sealed. On occasion, prosecutors representing the district attorney’s office, the county attorney’s office, or the Texas Department of Public Safety will object to the sealing of a person’s DWI records, particularly if there are aggravating factors that indicate the person may be a danger to the community or have substance abuse problems which warrant safeguards for the community. Ultimately, whether or not a person will qualify to have their case sealed under an order of non-disclosure is something that will be decided by a judge. Prior to seeing a judge on the matter, the petition must be filed.
Filing a petition for non-disclosure is a complicated process which may include notifying many different agencies. If it is filed incorrectly, an individual may become ineligible to get the case sealed through an order of non-disclosure. Due to this fact and the many complexities involved, it is not recommended that this process be carried out in the absence of an experienced attorney. This is an area of the law that changes almost every single legislative session, which means it’s difficult to stay current on the latest version of the law. As a result, it is easy for people to receive bad advice and suffer the consequences.
Can I Petition For An Expunction Of My DWI After An Order Of Non-Disclosure Is Issued?
An individual cannot petition for an expunction of a DWI after an order of non-disclosure has been issued. In order to qualify for an expunction, an individual must have been found not guilty at trial or had the charges dismissed by the prosecutor. If someone has been charged with a DWI and the prosecutor offers them deferred adjudication probation, it’s important that they understand that agreeing to the deferred adjudication probation would mean being forever unable to have the arrest expunged from their record.
For more information on Process To Apply For A DWI Non-Disclosure, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (512) 601-0009 today.
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