| Texas non-disclosure is an excellent way for | | | | obstructing count was deferred... not the DWI count. |
| individuals to get a fresh start. This can happen after | | | | Even if a good defense lawyer includes the DWI |
| running afoul of the law, obtaining deferred adjudication, | | | | arrest information in the Order of Non-Disclosure, DPS |
| and successfully completing the deferred adjudication. | | | | will not seal the DWI arrest record. |
| Orders of non-Disclosure seal records from release | | | | What about using a Texas expunction attorney? |
| into the public by the Texas Department of Public | | | | Excellent point. However, the problem is Chapter 55 of |
| Safety (DPS) custodian of records. However, there is | | | | the Code of Criminal Procedure providing for |
| a problem with the statute resulting from a DWI arrest | | | | expunction. The code does not authorize expunction |
| record which will remain available to the public, even | | | | for an arrest "unless" there was no court ordered |
| when the person receives a "reduction" and | | | | community supervision resulting from the arrest. But |
| successfully completes a deferred. | | | | we know there was court ordered community |
| This problem involves cases involving DWI arrests. | | | | supervision for the obstructing a highway count. |
| Specifically, where a plea bargain is reached on a | | | | Consequently, the person is not eligible for expunction |
| "reduced" charge of obstructing a highway, reckless | | | | of the DWI arrest and local prosecutors have been |
| driving, or a similar offense in which the defendant is | | | | objecting to expunction petitions on this precise issue in |
| eligible for deferred adjudication. In Brazos County, the | | | | Brazos County. |
| usual course means the prosecutor includes a "Count | | | | Presently, even though an effective DWI defense |
| II" to the misdemeanor complaint alleging obstructing a | | | | lawyer may get the DA to reduce a DWI to a |
| highway. Count I, (DWI) is dismissed and the defendant | | | | deferred eligible offense, the client is stuck with a DWI |
| pleads guilty to the obstructing count. The court grants | | | | arrest record that can neither be sealed, nor expunged. |
| deferred and the person goes their way to | | | | A big problem for young persons having made a |
| successfully completing the probation. | | | | mistake in college and now trying to develop careers in |
| After completing the deferred the person comes back | | | | corporate America. Hopefully, the Texas Legislature |
| to me and asks if they can get their records sealed | | | | will eventually remedy this problem since the spirit of |
| using an Order of Non-Disclosure. Of course they can, | | | | the Non-Disclosure law is being thwarted by a hole in |
| but only the obstructing a highway can be sealed. The | | | | the statute. This happens when DWIs are reduced to |
| DWI arrest will remain on their record despite the | | | | deferred adjudication eligible offenses. |
| completed deferred. This is because only the | | | | |