A DWI conviction can have a serious impact on your employment and social standing. The public can easily access and view records relating to your arrest and prosecution. A single one-time mistake can cause others to unfairly judge you for the rest of your life. Even if your case was dismissed or you were found not guilty, records of the arrest and charge remain a matter of public record.
In some circumstances, the law may allow you to SEAL these records from public access (Nondisclosure) or perhaps even DESTROY the records all together (Expunction). Think of the freedom and peace of mind you would enjoy if record of your DWI arrest or conviction was no longer a matter of public record. Contact our office to find out if your DWI arrest or conviction is eligible for expunction or nondisclosure.
An Order of Nondisclosure prohibits public disclosure of criminal history record information. The law has recently been expanded to allow nondisclosure in certain circumstances for first-time DWI offenders.
A person who obtains an order of nondisclosure may legally deny the arrest, prosecution and subsequent proceedings unless it is being used against him in a subsequent criminal prosecution. Additionally, all records relating to the offense will be sealed from public access.
A DWI conviction is eligible for nondisclosure if it falls into one of two categories:
A. DWI Community Supervision
B. DWI Conviction – No Community Supervision
Even if an order of nondisclosure is issued, the information remains available to criminal justice agencies for criminal justice and regulatory licensing purposes as well as any of the 32 agencies listed in Texas Gov’t Code 411.0765 and 411.081(j).
Expunction is a process by which all records relating to an arrest and prosecution are destroyed pursuant to a court order. You are eligible to expunge your DWI if your case was resolved in one of the following manners:
When expunction is granted, the release, maintenance, dissemination or use of expunged records for any person is prohibited. The person may deny the occurrence of arrest and expunction order. If questioned under oath, the person may state only that the matter has been expunged. The knowing release, dissemination of expunged records or knowing failure to return or disseminate expunged records is a Class B misdemeanor.
Segura & Kiatta, Criminal Defense
345 Commerce Green Blvd
Sugar Land, Texas 77478