Fort Worth DWI Non-Disclosures
A petition for a DWI non-disclosure is filed in the court where the conviction occurred. Depending on the court and the county, it usually costs between $250 and $350. Our Fort Worth DWI lawyers will ensure that the district attorney or the prosecuting agency is served with a copy. We basically have to prosecute this lawsuit. So, we’re defense attorneys, but we’re prosecuting in the sense that we’re pushing the lawsuit through and making sure that it goes through successfully. We have to get the court to set either a hearing or a disposition, and we have to determine whether or not the prosecutor is going to fight us or agree with us. Then, we just ensure that it goes through to either a hearing or a date when the motion will be granted.
Likelihood of Being Granted Non-Disclosure
If you received a first-time DWI, successfully completed at least a 12-month probation period, there was no accident involved with the DWI, and there was not an alcohol concentration of 0.15 or higher involved, then we’re going to look carefully to make sure that there’s no other reason why a DWI non-disclosure would not be granted. We’ll prepare the lawsuit, prosecute it and try to get the judge to sign the order.
There are times when the prosecutor can oppose this for justice interest reasons. But there may be some grey areas. Some cases may appear ineligible at first glance due an allegation of an accident or an allegation of an alcohol concentration of 0.15, but we may be able to find some ways around it.
Impact of Deferred Adjudication or Expunction
Generally, if the person has successfully completed the deferred adjudication on another offense, then it should not preclude eligibility for the non-disclosure. However, this might be a reason the prosecutor would oppose in the interest of justice.
However, you cannot apply for an expunction for DWI after a non-disclosure is granted.
Does The Nature Of The Disposition Of My Case Affect My Petition For Non-Disclosure?
Generally, the plea is not going to make any difference. What will make a difference is whether or not the person was given probation. So, in a DWI situation, there has to be a finding of guilt before the person is convicted and possibly placed on probation. This is true whether or not the person pleads no contest or guilty. If the judge places them on probation for a period of at least 12 months and they successfully complete that probation, then they may be eligible.
What Are The Common Reasons That A Petition For Non-Disclosure Would Be Denied?
The most common reason for a denial would be failing to meet all of the statutory requirements. If an attorney files for non-disclosure and is not familiar with those requirements (or they weren’t careful in researching the client’s eligibility), then the petition will be denied. Another common reason would be in the interest of justice. But if it’s denied, it may be able to be appealed.
DWI Non-Disclosure Process
These motions can be granted relatively short order within a couple of months. However, depending on the court’s backlog, it could take longer than that. In addition, it could take longer depending on whether or not there are contested hearings, and whether or not the prosecutor opposes it. As more people start taking advantage of this, the courts will increase their backlog and the process will take longer.
What Happens After Someone Has Been Granted A DWI Non-Disclosure?
First, the order is not final until 30 days after being signed. Then, the agencies are notified by the clerk’s office and they’re ordered to comply with the sealing of those records. The only other thing is for the client to maintain a certified copy of the order granting the non-disclosure, which we provide for the client.
Disclosing a DWI Arrest Following a Non-Disclosure
You do not have to disclose your DWI conviction to anyone after the non-disclosure is granted. Now, there are some exceptions to that. If you are applying to work with the FBI, NSA or some other federal agency, then they will tell you to disclose the convictions that are in your record, even if they’ve been sealed or expunged. They will certainly be able to find out about anything that was sealed by an order of non-disclosure.
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