You may be able to erase or seal your DWI Arrest (Even if you were convicted!)

Seal, Erase, or Expunge your DWI arrest (or conviction).

Have you been convicted of Driving While Intoxicated or Driving Under the Influence? If so, there’s a chance you can have your DWI or DUI sealed thanks to a new law. Sealing your record hides the arrest from the general public. You can’t expunge or erase your DWI completely, but if you’re eligible, you should definitely get your record sealed.

In 2017, the Texas Legislature passed a new law that goes into effect on September 1, 2017. Here’s a news story describing the new law. House Bill 3016 added sections 411.0731 and 411.074 to the Texas Government Code. It allows people to file a petition for nondisclosure (a.k.a. “sealing your record”) for certain DWI offenses. The good news is that the new law is RETROACTIVE. That means it applies to DWI’s PRIOR to 2017.

Is your DWI conviction eligible? To meet the requirements of the new law the following items must be true:

1. You must have received a term of probation (sometimes called community supervision).
2. Your probation must have been successfully completed (no motions to revoke your probation).
3. All of your fines, court costs, and restitution must have been paid.
4. The DWI must be your only offense. You must not have been placed on probation, deferred adjudication, or convicted of any other offense (other than a traffic ticket).
5. The DWI must not have involved an accident involving another person (This includes single-car accidents where a passenger was in the vehicle).

There are a few waiting periods that must be met before you can have your DWI sealed. These waiting periods start from the date your probation and/or sentence is complete.

1. A two-year wait is required if you had an ignition interlock device installed in your vehicle for at least six months while on probation.
2. A five-year wait is required if you did not have an ignition interlock device installed in your vehicle as a condition of your probation.

If you did not receive probation for your DWI, there is a chance you may have your DWI sealed but you must wait three years from the date of your conviction and you must have had an ignition interlock device installed for six months as part of your sentence.

Sealing your record is not something you should attempt without a lawyer. Give us a call or shoot us an email and we can see if you’re eligible to clean up your DWI record.