What Is The Likelihood Of Getting A DWI Nondisclosure In Texas?
If you meet the law’s requirements, very likely.
Every petition for nondisclosure is presented to the judge of the court where you were convicted, and the judge will be the one who decides whether to grant your request for a nondisclosure. That doesn’t mean that it’s going to be the same judge who was involved in your DWI case, particularly if it’s been a long time. Every nondisclosure law, including this one, has a little caveat saying that the judge has to find that the nondisclosure is “in the best interests of justice”. That gives the judge a little bit of wiggle room to deny your application even though you might meet all of the other requirements. But as a practical matter, if a person meets all of the requirements, it’s very rare for a judge to deny their petition for nondisclosure.
When might a judge deny your request as not being “in the best interests of justice”? If you’ve got a pending case, a judge will probably deny your request until your pending case is resolved because your pending case may affect your eligibility. If you’re under investigation for some other crime and the DA’s Office brings that to the judge’s attention, the judge will probably your request until you’re no longer under investigation. But these situations are rare.
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