DWI Nondisclosure FAQ
Q: I have a DWI conviction on my criminal history. Are you able to erase this from my record?
A: We can’t erase it, but in some circumstances, we can “seal” or “hide” it.
Q: What is the difference?
A: “Erasing” it from your record can only be done by expunging it. Unfortunately, that is still not available for a DWI conviction. However, a new law allows people with DWI convictions (in some circumstances) to get the record sealed – which would limit the people who can see it. This can be done with a petition for nondisclosure.
Q: OK. Who would still be able to see it?
A: Government agencies. But they would not be allowed to tell private entities (Dell, Amazon, landlords, lenders, real estate companies, etc.) about the arrest. So, getting it sealed prevents most people from being able to see it.
Q: That’s not ideal. But it is certainly better than just leaving it visible to everyone, right.
Q: How do we do it, then?
A: We file a Petition for Nondisclosure.
Q: Is that fast and easy?
A: No. It requires a lot of legal paperwork. It takes roughly 4 months to get the order signed by a judge.
Q: Understood. I would like to get my DWI sealed, please. What are my next steps?
A: We need to determine if you are eligible. You are likely eligible if:
· You were convicted of DWI 1st, Class B misdemeanor.
· There was not an accident that involved another person (even if the other person was your passenger and there were no injuries).
· Your blood alcohol concentration was less than 0.15.
· You have completed all the terms of your sentence.
· You have never been convicted or had a deferred adjudication on another offense (a traffic ticket is OK).
· Between the time of your sentence and completing all the terms of your sentence, you did not commit another crime.
Q: Yes, I am eligible! When can we get started?
A: There are 3 different waiting periods based on whether you were required to get an ignition interlock device as part of the sentence. It is either:
TWO YEARS after the completion of probation if it included six months with an ignition interlock system in your car.
THREE YEARS after completing your jail sentence if the terms of your sentence included 6 months with an ignition interlock system in your car.
FIVE YEARS after completing probation or jail sentence if the terms of your probation or sentence did not require the ignition interlock system in your car.
Q: I am eligible right now. When can we start? How much does it cost? Do you take payment plans?
A: We can start right away. It costs $1600. We will accept $1000 down to get started. The balance would need to be paid before we file the motion (because most of the remaining balance is filing fees).
Q: The waiting period is not over yet. Can I still pay you to get started and file the moment I am eligible?
A: Absolutely. We will put your eligibility date on our calendar and file as soon as possible.
Q: I am not sure if I am eligible. Will you tell me?
A: Of course. Just email us.