Second chances are possible, even with a DWI.
It may not seem that way to anyone with a Driving Under the Influence conviction in cities like Sugar Land because of the Texas zero-tolerance policy. DWIs on the record of an underage person can cause an acceptance committee to rethink an admission to college, an employer to lose interest in a job candidate, and an insurance company to cancel a policy.
A Sugar Land DWI Attorney Can “Seal” Your Record
The Texas Department of Public Safety (DPS) keeps up with the criminal history of citizens. They keep this information in a database known as the computerized Criminal History System (CCH). Per the DPS, the CCH maintains information about “arrests, prosecutions and the disposition of the case for persons arrested for Class B misdemeanor or greater violation of Texas criminal statutes.” This electronic system holds all conviction information which can be purchased and viewed by the general public.
Since a DUI conviction is included in criminal history record information, it may be subject to being “sealed” from the public due to legislation recently passed. In 85(R) legislative session of 2017, changes were made that impact the application of the Government Code chapter 411 subchapter E-1, “Order of Nondisclosure of Criminal History Record Information.”
A DWI conviction can be sealed from the public with an Order of Non-Disclosure.
According to Texas Legislature, the new H.B. 3016 law states that a defendant can petition for an order of nondisclosure of criminal history record information, which includes DWIs. David Hunter, a premier Sugar Land DWI attorney, can help attain the order of non-disclosure that would make a DUI conviction unavailable to the public. This also means that the offender would be under no obligation to disclose that information if asked about it.
Qualifications for the Non-Disclosure Order
Convictions can be hidden from the public based on the following criteria:
- You cannot have any other Driving Under the Influence convictions on your record; in essence, it would have to be your first offense
- If the chemical or breath analyzer test you take has an alcohol concentration no higher than .14
- You could not have been involved in a car crash with under the influence
- You will be denied if you served jail time as a part of your sentence for the conviction
Another interesting component of the H.B. 3016 law is that if a person uses an ignition interlock for six months in accordance with other measures that the court provides, that person may also attempt to pursue the Order of Non-disclosure. Again, the person must be a first time offender and had a blood alcohol concentration ranging from .08 to a .14.
Important Things to Know Prior to Applying for a Non-Disclosure Order
Two caveats about the Order of Nondisclosure include:
- It will not hide a person’s entire criminal history. However, if a person qualifies for the order and petitions the court appropriately, the non-disclosure can apply to a particular offense like a DWI.
- This order does not completely expunge a person’s record of the offense. Authorities will still have access to that information. It simply won’t be viewable by the public.
- The process, as most bureaucratic ones, takes time. Depending on the stipulations imposed by the court, it can take a couple of years obtain the qualifications for it. Seeking the representation of a Sugar Land DWI attorney can ensure the process is done without error and in a timely fashion.
1st Time Offenses
- Up to 180 days in jail
- $2,000 fine
- License suspension – up to 90 days
- Up to 1 year in jail
- $4,000 fine
- License suspension – 1 year
Insurance premiums see the longest hardship, raising them by $200 (if not more) for three to five years. An offender would also have to prove his or her ability to be insured to the DMV. However, with hidden DUI charges because of an order of non-disclosure, insurance premiums may decrease sooner than the 3-5 year term.
Get Your Second Chance with Sugar Land DWI Attorney David Hunter
Legally hiding a DUI conviction can be a second chance for a friend, neighbor, or loved one. If you know someone who needs this service, contact Sugar Land DWI attorney David Hunter today. His experience both in front of and behind the bench give him the upper hand in the court room. Call today to get started on a clean slate!