New law allows removing a DWI from your record

New law allows removing a DWI from your record

The Governor of Texas has signed a new bill making some people convicted of DWI eligible for a petition for nondisclosure. In the past, a DWI could never be removed from your record, on September 1, 2017 this will change (and it applies to cases prior to September 1, 2017!). As expected, there are a lot of factors that will cause a person to be ineligible to have their records sealed.

The requirements are as follows:

  • Must be a first time offender
  • Breath and/or blood test must be below 0.15
  • DWI cannot involve an accident with another person (even if they are a passenger)

If you made it this far, now you probably want to know when you are eligible for the nondisclosure.

If you successfully completed community supervision (probation):

  • Second anniversary of the date of completion of probation, if you were required to have an ignition interlock for at least 6 months.
  • Fifth anniversary of the date of completion of probation, if you were not required to have an ignition interlock.

If you were sentenced to jail (or paid a fine and were given credit for the time you already served):

  • Third anniversary of the date of completion of the jail sentence (or when you paid the fine if you were given credit for time you already served) – if it was a condition of the sentence that you have an ignition interlock for at least six months. (NOTE: I have never heard of anyone being required to have an ignition interlock as a condition of a conviction on a DWI 1st offense. I am interested to see if this applies to a person who was convicted and subsequently got an occupational license and interlock.)
  • Fifth anniversary of the date of completion of the jail sentence if the court that imposed the sentence did not order an ignition interlock.

Those are the requirements, if you think you are eligible call Jay Cohen and lets get your DWI sealed!

 

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Jay Cohen

Managing Criminal Defense Attorney at Blass Law PLLC
By Jay Blass Cohen, founding attorney of the criminal defense and DWI firm Blass Law PLLC. Cohen is a leading DWI, drug defense, and felony defense lawyer helping people facing criminal charges with passion and constant vigilance.