House Bill 3016
Are you eligible to file a motion of nondisclosure?
House Bill 3016 was passed June 15th, 2017 and became effective September 1st, 2017.
Prior to this bill, DWI offenders were not allowed to have their records sealed & all records were permanent.
HB 3016 now allows a person convicted of a first-time Driving While Intoxicated offense with a blood-alcohol concentration (BAC) less than 0.15 to petition for an order of nondisclosure of criminal history related to that offense.
However, there are certain criteria that must be met to be eligible to petition for a nondisclosure of a Texas DWI.
A person may petition to have a DWI sealed only if he/she:
- has never been convicted of, or placed on deferred adjudication community supervision (probation) for another offense - this does not include traffic offenses (offenses punishable by fine only);
- has successfully completed any imposed community supervision and any term of confinement;
- has paid all fines, costs, and restitution imposed; and
- the waiting period has elapsed:
- 2 years if the person successfully completed a period of at least 6 months of driving restricted to a motor vehicle equipped with an ignition interlock device as a part of the sentence; or
- 5 years if there was no interlock requirement as part of the sentence.
Additionally, the court will not issue an order of nondisclosure if an attorney representing the state presents evidence sufficient to the court that demonstrates that the underlying offense, for which the order was sought, resulted in a motor vehicle accident involving another person (this includes a passenger of the defendant).
If you are eligible to file for a motion of nondisclosure, this does not mean that your DWI conviction will be removed from your record. It means that it will be subject to nondisclosure: it will not be disclosed to the public, and the record of your conviction will only be disclosed to certain parties such as criminal justice/law enforcement agencies.
Cases Prior to 2017
The new nondisclosure laws are retroactive. This means that if you were charged or convicted prior to the passage of this bill into law, you may still be eligible to file for a motion of nondisclosure.
Filing a Petition for an Order of Nondisclosure
Typical filing fee is around $280. This varies depending on the county. Use the button below to view a Nondisclosure Overview, Instructions, Model Petitions, and Model Orders. The forms related to DWI's are listed under Section 411.0731.
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Talk to your attorney to see if you qualify to file for a motion of nondisclosure.