The new “second chance” law in Texas means that thousands of individuals may be eligible to have their first DWI removed from their record if certain conditions are met. Effective September 1, 2017, the law is retroactive and will apply to a DWI offense committed on, after, or prior to the effective date.
To be eligible for DWI removal, certain conditions must be met, such as:
The DWI must have been your first and only arrest/offense. Traffic offenses that were punishable by only a fine, do not count against you;
You must have completed any required probation and community service or jail time and paid any outstanding fines and restitution; and
There is also a waiting period before you can get the offense removed. 2 years after you have completed probation, if you have completed 6 months of successful ignition interlock device use, or five years after completing the sentence you received if you did not have an interlock on your vehicle you may apply for a court order of nondisclosure. The waiting period is 3 years for any straight jail sentence/conviction.
You must file a petition for the nondisclosure and the judge must enter an “Order of Non-Disclosure.” Once this order is granted, your DWI will be removed from your record. It also allows you to public deny ever having been arrested, charged, or placed on probation for your DWI offense.