New Texas Law: First-Time DWI Offenders Are Now Eligible for Non-Disclosure in Texas
First-Time DWI Offenders Are Now Eligible for Non-Disclosure in Texas
Criminal convictions, violent or not, can have a major impact on someone’s future. Criminal records often make finding and securing a job difficult or almost impossible. Texas state laws provide opportunities for convicted criminals to remove or seal arrest information and criminal records by expunctions and non-disclosures.
Some expunctions and non-disclosures are left to a judge’s discretion, while others may be a part of the law. In the past, criminal history often disqualified some people from receiving a non-disclosure.
What Is HB 3016?
Fortunately, recent legislation passed by Texas lawmakers in June 2017 expands the opportunity for convicted criminals to petition the court for non-disclosure. This means that if you were convicted a minor, non-violent misdemeanor, such as a DWI, you are now eligible to petition non-disclosure. A non-disclosure criminal defense attorney in Texas can help you navigate this new law to better understand your options.
HB 3016 relieves many Texans of losing job opportunities or having to answer embarrassing questions related to having DWIs or other non-violent crimes show up on their criminal records and background checks.
What Is A Non-Disclosure?
Non-disclosures do not remove anything from your criminal record. Instead, non-disclosures seal your criminal record from private agencies who may want to perform a background check, such as a potential employer.
When Can I Petition for a Non-Disclosure in Texas?
You may submit a petition for non-disclosure on the 5th anniversary of the date of your sentence completion.
However, you may apply on the 2nd anniversary of your sentence completion if: your complied with all sentence conditions for 6 months or more, AND you were restricted from operating a vehicle equipped with an interlock device for 6 months of more.
This new law is effective Sept. 1, 2017. It is also retroactive, meaning that any criminal or punishable crimes that were committed prior to the law passing are impacted by the new law. This permits convicted criminals in Texas to apply for non-disclosure even if their conviction came before the passing of the law.
If you are still not sure if you are eligible to apply for non-disclosure, contact our criminal defense attorneys in Georgetown, Texas, today.
What Criminal Charges are Not Included in the New Legislation?
You may not be granted a non-disclosure under the new law if you have been convicted for the following offenses:
- 2nd or 3rd DWI offense
- Any offense that requires sex offender registration
- Any offense related to family violence
- Boating while intoxicated
- DWI involving an accident with other people
- DWI with a BAC of .15 or higher
- Endangering a child
- Flying while intoxicated
- Human trafficking
- Murder and capital murder
- Operating an amusement park ride while intoxicated
- Possession/consumption of or selling alcohol to minors
- Sexual assault
You can read more about how to get criminal records sealed in Texas by viewing the newest legislation or by contacting Morales & Sparks.
Contact Morales & Sparks Criminal Defense Attorneys Today
The attorneys at Morales & Sparks are more than your typical Texas DWI lawyer. We treat every single person as if they were a part of our own family.
We know that it is often very difficult to find and secure a job after a criminal conviction. But this new legislation will help those who are convicted get back on their feet faster.
If you or a loved one are interested in consulting with a criminal defense attorney in Georgetown, TX, about non-disclosures and expunctions, contact us today.
Disclaimer: The purpose of this post is to provide general information and is not to be constituted as legal advice. If you need help with a specific issue, please seek the advice of an attorney.