Governor Abbott Signs House Bill 3016 Into Law
On June 15, 2017, Governor Gregg Abbott signed HB 3016 into law. This will go into effect on September 1, 2017 and the law will be retroactive. The law allows an individual to petition the court for an order of non-disclosure on particular first time offender DWI cases.
So What is a Non-Disclosure?
An order of non-disclosure is a court order which would prohibit public entities such as law enforcement, courts, and others from disclosing certain criminal offenses. In the past, you were typically only eligible if you received a deferred adjudication probation which you successfully completed, but recently the Texas Legislature has been trending in a direction which would allow more offenses to be eligible.
So Who CAN See a Charge That Has Been Non-Disclosed?
There is a comprehensive list provided by the code (Texas Government Code 411.081(i)), but to highlight this list, it would be Police, Prosecutors, Texas Medical Board, Texas Board of Nursing, State Bar of Texas, State Board of Public Accounting, Health & Human Services Commission, and more. So if you are a professional, this won’t prevent the State licensing agents from seeing it, just the general public.
What Makes Me Eligible for Non-Disclosure Under HB 3016?
A person may petition to have their DWI sealed by a non-disclosure only if he or she
- has never been convicted of or placed on deferred adjudication community supervision for another –this does not include a traffic offense
- has successfully completed any imposed community supervision and any term of confinement
- has paid all fines, costs, and restitution imposed; and
- the waiting has elapsed: (1) 2 years if the person successfully completed a period of at least six months of driving restricted to a motor vehicle equipped with an ignition interlock device as a part of the sentence; OR (2) 5 years if there was no interlock requirement as part of the sentence
In addition, the court will not issue an order of non-disclosure if the attorney representing the state presents evidence sufficient to the court that demonstrates that the underlying offense, for which the order was sought, resulted in a motor vehicle accident involving another person, which includes a passenger of the defendant.
What Disqualifies Me from Obtaining a Non-Disclosure on My DWI?
- The DWI was a 2nd or more
- The DWI involved a Breath or Blood Test that was greater than 0.15 (which is a Class A Misdemeanor)
- The DWI involved an accident and an injury to any person
- The DWI was within the last 2 years (5 years if there was not an interlock requirement)
- If the Offense was a Boating, Flying or Operating an Amusement Park Ride While Intoxicated
So What’s the Bottom Line?
HB 3016 makes it easier for an individual who has been convicted of a Class B misdemeanor to receive the benefits of a Non-Disclosure which could lead to better career opportunities and allow individuals to be productive members of society. Law enforcement, and Government agencies can still view these convictions and it will not prevent the State from enhancing a future DWI to a DWI 2nd, or Felony DWI.
Contact Attorney Sean Darvishi Today to See if You Qualify to Have Your Record Sealed
Attorney Sean Darvishi and his team will be able to determine whether you are eligible for non-disclosure due to this law. Keep in mind this law goes into effect September 1, 2017. You can reach Attorney Darvishi at 832-766-4019 24 Hours a day for a free consultation. For other useful information view our website at www.DefendMeTexas.com