New legislation allows for a DWI probation to be sealed with an Order of Non-Disclosure. The new law is retroactive and applies to first-time DWIs where probation was successfully completed. There is a two-year waiting period after completion of probation. If there was a breath test, the blood alcohol concentration must have been less than 0.15 and there cannot have been a motor vehicle accident involving another person including a passenger. An applicant cannot have had a prior conviction except for class C traffic offenses. There is no requirement that the individual provided breath or blood.
MADD supported this legislation. The law continues disclosure of the conviction to all the agencies that already have access to sealed deferred adjudications.
The Order of Non-Disclosure is helpful for individuals who do not want their DWI conviction to show up for employers and housing background checks. The DWI conviction may however continue to be used for enhancement and can be seen by law enforcement and other licensing agencies.