Exploring the New Non-disclosure Law Requirements in Texas
Being charged and found guilty of driving while under the influence (DWI) can be a costly venture both financially and personally. Attorney fees, fines, possible restitution and a tarnished reputation but is there a way to put it all behind you?
If you reside in Texas, you and your attorney may find solace in the non-disclosure process described within Government Code 411.081(d). Often viewed as a method to provide those guilty of a misdemeanor to begin the process of regaining control of not only their private but public life. The process known as non-disclosure involves petitioning for a deferred adjudication and if successful can seal all records from dissemination from public view by the Texas Department of Public Safety.
As originally legislated, this process was confusing as even though a person charged with a DWI offense who received a reduction and further deferred adjudication his or her DWI arrest record was still available as a public record.
This has been the norm in Texas since DWI charges are not eligible for deferment but if a plea agreement has been reached to reduce the charges such as obstructing a roadway or reckless driving those originally arrested for a DWI may seek deferred adjudication and in most cases be fined and sentenced to probation but changes were on the horizon.
During the 84th Regular Session, the Texas Legislature proposed a number of new bills which if passed would change the legal course of both the nondisclosure and expunction processes.
Although many of the proposed bills were vetoed by the legislature, new ones were passed on September 1, 2015, under Government Code 411.071-077, although all offenses occurring before this date still proceeded under the original Texas Government code.
As the new stature produced a number of new non-disclosure categories, meeting the two base requirements will determine whether or not the petitioner can move forward in the process.
A petitioner has no prior conviction or petitioned for a prior deferred adjudication for any offense at the time of the second offense sentencing during the required waiting period.
A petitioner has no prior conviction for any offense in relation to
- Child abandonment,
- Child endangerment,
- Domestic violence,
- Family violence,
- Human trafficking,
- Sex crimes,
Rebuilding your life following a DWI can be difficult but navigating the Texas legal system can be even more treacherous. Why go it alone? San Antonio DWI defense attorney, Sam H. Lock has successfully represented clients in Central and South Texas and understands the importance of regaining your personal and public reputation. Contact our San Antonio office at 210-226-0965 to schedule your free consultation today.