Recently the Governor signed H.B. No. 3016 allowing those convicted of first time DWIs to have their record non-disclosed (blocked) provided certain criteria is met. The DWI nondisclosure law becomes effective September 1, 2017 and applies retroactively.

Houston DWI Nondisclosure Attorney

DWI Nondisclosure Laws: Blocking a DWI Conviction

I. DWI NONDISCLOSURE – RETROACTIVE:

The new section applies to DWIs convictions both before and after September 1, 2017.

Sec. 411.0716. APPLICABILITY OF SUBCHAPTER. (a) Except as provided by Subsection (b), this subchapter applies to the issuance of an order of nondisclosure of criminal history record information for an offense committed before, on, or after September 1, 2017.

II. DWI NONDISCLOSURE –  PROBATION: 

DWI nondisclosure if a person plead guilty and received probation.

Sec. 411.0731. PROCEDURE FOR COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS. (a) This section applies only to a person placed on community supervision under Chapter 42A, Code of Criminal Procedure:
(1) following a conviction of an offense under Section 49.04, Penal Code, other than an offense punishable under Subsection (d) of that section; and

• “…other than an offense punishable under subsection (d)” means a DWI with a breath alcohol level of 0.15 or more and punished as a Class A misdemeanor. So those convicted of a DWI with a breath or blood sample at 0.15 or more are not eligible for a nondisclosure.

(b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) whose community supervision is not revoked and who completes the period of community supervision, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section if the person:

A person must successfully complete the probation and pay all fines and costs.

(1) satisfies the requirements of this section and Section 411.074; and
(2) has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only.

A person must not have any prior criminal history other than traffic offenses.

(c) A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition.
(d) Except as provided by Subsection (e), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the community supervision.
(e) A court may not issue an order of nondisclosure of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle accident involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure.

There must be no evidence of an accident with another person. The law seems to allow for single car accidents as long as there were not any passengers.

(f) A person may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section only on or after:
(1) the second anniversary of the date of completion of the community supervision, if the person successfully complied with a condition of community supervision that, for a period of not less than six months, restricted the person’s operation of a motor vehicle to a motor vehicle equipped with an ignition interlock device; or
(2) the fifth anniversary of the date of completion of the community supervision, if the court that placed the person on community supervision did not order the person to comply with a condition of community supervision described by Subdivision (1) for the period described by that subdivision.

Time Requirements: 2 years from the date probation is completed if an interlock was ordered for at least six months and 5 years from the date probation is completed if there was no interlock ordered for at least six months.

III. DWI NONDISCLOSURE – CONVICTION:

DWI nondisclosure after pleading guilty to the DWI and receiving days in jail.

• Same requirements as above other than the waiting period is 3 years and 5 years respectively.

Sec. 411.0736. PROCEDURE FOR CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS. (a) This section applies only to a person who:
(1) is convicted of an offense under Section 49.04, Penal Code, other than an offense punishable under Subsection (d) of that section; and
(2) is not eligible for an order of nondisclosure of criminal history record information under Section 411.0731.
(b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who completes the person’s sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section if the person:
(1) satisfies the requirements of this section and Section 411.074; and
(2) has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only.
(c) A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition.
(d) Except as provided by Subsection (e), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person was convicted.
(e) A court may not issue an order of nondisclosure of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle accident involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure.
(f) A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section on or after:
(1) the third anniversary of the date of completion of the person’s sentence, if the person successfully complied with a condition of the sentence that, for a period of not less than six months, restricted the person’s operation of a motor vehicle to a motor vehicle equipped with an ignition interlock device; or
(2) the fifth anniversary of the date of completion of the person’s sentence, if the court that imposed the sentence did not order the person to comply with a condition described by Subdivision (1) for the period described by that subdivision.

Overall this DWI nondisclosure law is a huge step in clearing those people who maybe made one mistake and have already served their punishment.