A Motion for Non-Disclosure seals DWI records from all but police. It can apply to DWI cases dismissed in exchange for a guilty please to a lesser charge such as Obstruction of Highway or Reckless Driving with deferred adjudication probation. Contact Chris Hoover for answers to your questions.
A Motion for Non-Disclosure resembles an expunction. Unlike expunction, a person may apply for this motion if they successfully complete a deferred adjudication probation.
In deferred probation, the Court finds that the evidence substantiates your guilt beyond a reasonable doubt, but the Court defers or postpones any finding of guilt until your probation has been completed. If successfully completed, the Court dismisses the underlying charges and you can truthfully say that you have not been convicted of any offense.
Although dismissed, records of your arrest and prosecution have been made. A Motion for Non-Disclosure allows you to seal these records from everyone except law enforcement.
Unlike expunction, the records are not destroyed, but sealed from discovery and disclosure to any parties except the police. This may be the best way to avoid having a future school or employer learn about your arrest with a simple background check.
In some cases there is a waiting period before this motion may be filed. In DWI cases it typically applies when the defendant’s DWI case has been dismissed in exchange for you being charged and punished for another crime such as Obstruction of Highway or Reckless Driving.
This type of disposition is rare in DWI cases. Chris Hoover has had over 100 cases which have resulted in a “reduced charge” for which his client was charged with a lesser crime. Upon successful completion of the deferred probation, he stands ready and able to file a Motion for Non-Disclosure to help you keep your criminal record as clean as possible.
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