SECOND CHANCE LAW IS A NEW TEXAS LAW ALLOWS FIRST-TIME DWI OFFENDER’S A “SECOND-CHANCE”
THE “SECOND CHANCE” LAW
The Second Chance Law is a Texas House Bill 3016 that was recently signed into law by Texas Governor Greg Abbot, allowing people convicted of a certain non-violent criminal convictions to have those convictions sealed from their records. Referred to as the “Second Chance” law, it will allow most DWI misdemeanor convictions to be sealed by filing a Motion for Non-Disclosure with the Court, and seeking a subsequent Order of Non-Disclosure. The new law will take effect on September 1, 2017, but will apply retroactively.
WHY IS THIS BENEFICIAL?
“Sealing” a criminal record can be an extremely important tool, and vastly improve a person’s chances of obtaining a good job, getting into school, getting an apartment, or even obtaining a loan. Sealing a record will prevent the majority of the general public from being able to see criminal history, and thus improve a person’s life dramatically.
WHO IS ELGIBIBLE?
Although this new law will help many, many people, not everyone will qualify. To proceed with a Motion for Non-Disclosure (to seal the record), the following must be true:
- the person must have been a first-time DWI offender;
- the person must have had a blood alcohol level (BAC) of 0.14 or less;
- the person must not have been involved in an accident involving another person as a result of operating a motor vehicle under the influence; and
- the person must have successfully completed any sentence ordered by the Court, including any DWI program, probation, or jail sentence; and
- the person must have paid all court costs and fees.
- Additionally, the bill imposes a waiting period of:
o 2 years if the person successfully completed a probation period with at least 6 months of driving restricted to a motor vehicle equipped with an ignition interlock device as part of the court order, or
o 5 years if there was no interlock requirement imposed by the court.
CONTACT US TODAY TO SEE IF YOU QUALIFY