Thanks to our Legislators, the new law under Section 411.0731 and 411.0736 of the Government Code beginning September 1, 2017 will now allow you to non-disclose your first DWI arrest! It is being branded as a “second chance for first time offenders.” Now, before you get too excited there are some restrictions that can disqualify you from being able to partake in this new law.
First Ask Yourself the Following Questions-
- Is it my FIRST DWI?
- I have no prior Deferred adjudication for anything other than a fine only ticket
- Your blood alcohol level was less than a .15
- Your case was filed as a Class B Misdemeanor
- No accident involving another person, this includes a passenger in your car.
- Paid all court costs, fines, and restitutions
- Accepted jail or probation
If you answered YES to ALL of the above, then you qualify for a non-disclosure!
What is a Non-disclosure?
It is a court order prohibiting public entities such as courts and police departments from disclosing certain criminal records. For example, after obtaining a non-disclosure, your name and mug shot will no longer pop up in a Google search. Of course there is a caveat to a non-disclosure it being that certain agencies, like the FBI and TX Boards, will be able to see this arrest forever. This still shouldn't deter you from seeking a non-disclosure because it will help with certain jobs and housing background checks.
When Can You Apply?
If you were placed on probation, 2 scenarios:
- If you had an interlock for at least 6 months, then 2 years after you are successfully discharged from probation
- No interlock then 5 years after you are successfully discharged from probation
If you took jail time, 2 scenarios:
- If you had an interlock for at least 6 months, then 3 years after the completion of your sentence
- No interlock, then 5 years after you complete your jail sentence.
Contact the lawyers at the Law Office of Patrick J McLain, PLLC to get the non-disclosure started for you! We can help defend you against various crimes and will fight vigorously to protect your legal rights. You can call us 24/7.