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DWIs that occur prior to the implementation of the new law will not qualify under the new law. If someone successfully completed a deferred adjudication probation before being charged with another DWI, that does not mean that the second DWI would not be considered a conviction; it would be treated as a conviction, and a third DWI would be treated as a third-degree felony, which carries a sentence of two to 10 years in prison. The impact of a DWI conviction versus deferred adjudication probation is significant and could last a lifetime, so it is very important for people to understand the differences between the two when deciding how to handle their DWI case. In order to fully understand the complexities of these issues, seeking the advice of an experienced attorney is encouraged.

What Is The Difference Between An Expunction And Sealing Of Records Through A Non-Disclosure?

The main difference between an expunction and sealing of records through a non-disclosure has to do with the eligibility requirements, which are based on the outcome of the case at issue. If a judge or jury finds a defendant not guilty at trial, then the defendant may be eligible to have the case expunged. Expunction used to be referred to as ‘erasing’ a record, but the truth of the matter is that in the digital age of today, nothing can be truly erased. An order of expunction simply allows a person to legally deny that the arrest ever happened. In contrast to an order of expunction, sealing a record under an order of non-disclosure is not something someone applies for if the case was dismissed or if they were found not guilty; an order of non-disclosure is what someone applies for if they successfully complete deferred adjudication probation.

There are certain conditions that will be ordered to defendants sentenced to deferred adjudication probation, such as community service, a requirement to report to the probation officer, payment of court costs and fines, and the completion of classes and educational programs. If an individual successfully completes the terms and conditions of their deferred adjudication probation, then they may be eligible to get the case sealed through an order of non-disclosure. If so, then they may be able to deny that the offense ever occurred. However, just because a record is sealed from the general public, does not mean that it is sealed from law enforcement, judges, prosecutors, or other governmental and/or licensing agencies.

Anyone who is unsure whether they are eligible to have their records expunged or sealed is advised to contact a competent licensed attorney in the state of Texas. If an individual qualifies for expunction but cannot afford the associated fees, our firm may be able to refer them to a non-profit agency that could provide assistance. Don’t hesitate to contact us or another competent attorney for assistance navigating these processes.

For more information on Impact Of New Law On Past DWI Convictions, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (512) 601-0009 today.

Blackburn Betts PLLC

Call For A Free Case Evaluation
(512) 601-0009