Dallas DWI Lawyer explains How Long a DWI Can Stay On Your Record in Texas?
With new Texas law in place, your DWI might not have to stay on your record forever.
While it used to be true that a DWI would stay on your record forever, that is not the case anymore. A new Texas law will allow certain first time offenders to remove a DWI from your record permanently! To make the most of this big development in Texas law, contact J. Michael Price II right away. Mike is here to make sure as many people as possible get the second chance at a clear criminal record they deserve.
How does the new law allow me to remove a DWI from my records?
In the past, Texas law did not allow for an expunction or nondisclosure or removal of DWI convictions under any circumstances. Once you had a DWI on your record, it was there for life!! Because of the new Texas law that becomes effective on September 1, 2017, it is now possible to have DWI offense cleared from your record buy getting an order of nondisclosure from a court. The law applies to anyone prior to 9/1/17 or after 9/1/17 that has a single DWI charge on their record.
There is a certain waiting period you must observe before you are allowed to petition the court for an order of nondisclosure of your criminal history. Once that period has elapsed, you may petition the court and, if all conditions have been met, the judge will grant you an order of non-disclosure. The non-disclosure order effectively clears the DWI conviction from your record and you can publicly deny that you were ever arrested or charged with a DWI. Public background searches will show you have a clean record! This applies even if you were convicted and received a jail sentence or probation.
If you received probation for a first offense DWI, you will have to wait 2 years to petition the court if you successfully completed a 6-month period of driving with an ignition interlock device as part of your sentence or 5 years if there was no interlock device as a part of the sentence. If you received a jail sentence or “time served” for a first offense DWI conviction, the waiting period is 3 years from the date of completion of any sentence if an ignition interlock device was a required sentence condition for a 6-month minimum. If this was not a requirement, the waiting period is 5 years.
Thousands of individuals will be able to benefit from HB 3016, the new Texas law expanding the right of a person to be granted an Order of Non-Disclosure for certain DUI/DWI convictions. The procedure to get a non-disclosure order is similar to an expunction as it removes the DWI conviction from all of your public records and allows you to legally deny that you were ever arrested or charged with the DWI. Law enforcement still retains the record that you were arrested or charged, but it will no longer effect things like applying for jobs or housing or public criminal background checks. Contact Mike online today for a free consultation.