Sealing a Texas DWI Conviction

If you were previously convicted of a DWI in Texas, you are now eligible to have that incident sealed to prevent potential employers and others from finding in a background check. Texas House Bill HB3016 went into effect on 9/1/2017, and applies to most first offense DWI convictions in Texas after a 2-year waiting period and an otherwise clean history.

Technically, the process is called a petition for an order of nondisclosure of criminal history, but it is commonly referred to as a seal. It prevents most employers and private citizens from finding out about your conviction via a background check search.

Who is eligible for a DWI record seal?

You were convicted of a 1st offense DWI in Texas (a Class C Misdemeanor)
It is 2 years after a 1st offense DWI conviction.
It has to have been a case where the BAC result was less than .15, or (under twice the legal limit).
You must have completed a six-month term with an alcohol-detecting ignition interlock device installed in your vehicle.
You have to have paid all fines, fees, and successfully completed all terms of probation.

What if I didn’t get an interlock device?

The waiting period for a record seal is 5 years without an ignition interlock as part of your conviction sentence.

What else can disqualify me from getting my DWI sealed?

Second or multiple offenses are not eligible.
A case with a BAC result over .15 is not eligible.
Any accident where there was another person.
Other serious criminal activity on your record can disqualify you, including a domestic violence charge.

Why should I get my record sealed?

The main benefit of sealing a DWI conviction is that it removes it from public view. that means that a private employer cannot see it, as well as any neighbors, mother-in-law, girlfriend, or anyone else who looks at a criminal background check.

If you are a parent, schools or volunteer organizations do background checks for anyone who wants to coach a sports team, or chaperone a school field trip.

With the advent of online background checks, our lives are an open book to the world. There is a need to edit out our missteps so that we are not denied opportunities to obtain the jobs we deserve, the girl of our dreams, the respect of our community or other life opportunities.

The value of the employment benefit alone can be thousands of dollars per year.

Anyone with a DWI record can benefit from having the record removed from public view. It is like taking a shower when you stink – it makes you socially acceptable again. It is often said that the greatest indicator of future performance is past performance. Sealing a record rewrites our past performance that is used to judge our future potential.

Do I need to hire a lawyer to get my record sealed?

It is possible to do it yourself, but for most people, it would take a lot of time and effort. There is a significant learning curve in navigating the system, the paperwork, electronic filing requirement, and the process.

It is simpler and faster to have an experienced attorney handle the non-disclosure instead of attempting a DYI project. It is also smarter. The nondisclosure petition names specific entities that are given notice to erase the criminal record. Experienced attorneys know the entities to provide the notice. If an entity is left out or if the wrong entity is named, the record may still appear on background checks. Representation by the right attorney provides the peace of mind of knowing the job is done right.

How long will it take to complete the record seal (non-disclosure petition)?

It depends on how responsive the county DA is to the paperwork, and how many times you might have to refile due to sometimes extraordinarily picky filing procedures.

If all goes flawlessly, the petition can be successfully completed in five months or less, accounting for to waiting periods and verifications. But it rarely goes that smoothly. The Tarrant County Clerk’s office is one of the pickiest and most difficult. Others are a little more lenient about trivial details, but you never know.

Got a question about a record seal? Give us a call and find out how we can help.

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