Seal Your DWI Conviction
Do you have an old DWI conviction on your record? You may now be eligible to seal it.
Beginning September 1, 2017, DWI convictions became eligible for nondisclosure. And the best part is that it’s retroactive. So everyone (that’s eligible) can take advantage of this.
DWI is one of the only crimes in Texas a person cannot receive deferred adjudication for. Because of that, if you are faced with a DWI, you are either acquitted or convicted. There is no middle option.
A criminal conviction can be devastating for many people. DWI is not a crime of moral turpitude, or a violent crime, but a DWI conviction can still negatively impact work, school, travel, and many other things.
It’s hard to believe that before this law an individual could be charged with Manslaughter, plead no contest, and avoid a conviction, but that same path wasn’t available to a DWI offender.
The Legislature saw this inequity and did something about it. The Governor signed House Bill 3016 into law on June 15, 2017. It has now changed the Texas Government Code to allow individuals convicted of DWI to petition for an order of nondisclosure (so long as some qualifying factors are met).
An order of nondisclosure allows an you to essentially “seal” an arrest and charge from the general public, which in turn allows you to answer in the negative when asked about the specific incident.
It’s important to note that a nondisclosure is not as powerful as an expunction. An expunction is a court order to destroy all records of a criminal incident. A nondisclosure is simply an order for Government agencies to “seal” information about a criminal incident from the public eye.
So, if you are able to get a non-disclosure for something, and you apply to work at Whataburger, they won’t be able to see any information about your arrest or disposition, and you won’t have to disclose the situation on your application.
Alternatively, if you are applying for a job at NASA or SAPD, they’ll see it, and you will need to disclose it. The State will also be able to see it in subsequent prosecutions (if you’re ever arrested again).
The following is a list of things that will prevent someone from petitioning
for a nondisclosure of their DWI:
- If the DWI was a 2nd or 3rd (or more) offense
- If the Blood Alcohol Concentration was 0.15 or higher
- If previously convicted of another offense
- If the DWI involved an accident with another person (includes passengers)
- If you have completed deferred adjudication for another offense (traffic offenses don’t count)
- If you failed to successfully complete probation for your DWI
- If you failed to pay all fines, court costs, and restitution
If those factors don’t knock you out, then you will be able to seek a non-disclosure after a waiting period of either two or five years from the day your probation or sentence ends:
Two years for an individual that was restricted to driving a vehicle with an ignition interlock device for at least six months
Five years for an individual who was sentenced without ignition interlock as a condition of their DWI probation.
HB3016 is a second chance for people who made a mistake and paid their debt to society. It’s a chance to get a better job, to obtain a higher degree, to advance in life without being held back by one bad decision.
Do you have an old DWI conviction on your record? Contact me today and we can get started on your nondisclosure.
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Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
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He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
San Antonio DUI Lawyer
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.