Ineligibility Of An Order Of Nondisclosure Under Section 411.0736
An Order of Nondisclosure may not be granted if:
You have previously been convicted of or placed on deferred adjudication community supervision for another offense, except for a traffic offense punishable by fine only.
Your commission of the DWI resulted in a motor vehicle accident involving another person, including any passenger in your vehicle, regardless of whether the person was injured or died.
You are eligible for an Order of Nondisclosure under Section 411.0731.
You did not complete your sentence, including serving any term of confinement imposed and paying all fines, costs, and restitution, except if the court waived all or part of the fine and costs charged.
You were acquitted of an offense under Penal Code Section 49.04 for driving while intoxicated (DWI).
Your DWI was a Class A misdemeanor or higher degree of offense or if your alcohol concentration level was 0.15 or more.
Waiting Period
You may seek a nondisclosure order under Section 411.0736 in one of two ways:
a) Three years after you finish your sentence if you completed a sentence condition requiring the use of an ignition interlock device for six months or longer; or
b) Five years after your sentence is completed if the court did not mandate the use of an ignition interlock device or required the device to be used for less than six months.
Filing A Petition
To get an order of nondisclosure under Section 411.0736, you must submit a petition if you qualify. The form and instructions for the order can be found at this link.
The petition must be filed with the court that sentenced you and must include proof that you are eligible to file it. The court must determine that you are eligible to file the petition and that granting the order is in the best interest of justice. However, the court will not grant the order if the prosecutor presents evidence that the offense resulted in a motor vehicle accident involving another person.
Finally, filing fees and court costs must be paid when submitting the petition. If you cannot pay, you may submit a statement of inability to afford court costs, as outlined in Rule 145 of the Texas Rules of Civil Procedure.
The Medlin Law Firm - Dallas
2550 Pacific Ave #866
Dallas, TX 75226
(214) 888-4810
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