Some people convicted under Section 49.04 can petition the sentencing court for nondisclosure of criminal history record information, but only if they meet the stated conditions.
Sec. 411.0736. PROCEDURE FOR CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS. (a) This section applies only to a person who: (1) is convicted of an offense under Section 49.04, Penal Code, other than an offense punishable under Subsection (d) of that section; and (2) is not eligible for an order of nondisclosure of criminal history record information under Section 411.0731. (b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who completes the person's sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section if the person: (1) satisfies the requirements of this section and Section 411.074; and (2) has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only. (c) A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition. (d) Except as provided by Subsection (e), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person was convicted. (e) A court may not issue an order of nondisclosure of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle collision involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure. (f) A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section on or after: (1) the third anniversary of the date of completion of the person's sentence, if the person successfully complied with a condition of the sentence that, for a period of not less than six months, restricted the person's operation of a motor vehicle to a motor vehicle equipped with an ignition interlock device; or (2) the fifth anniversary of the date of completion of the person's sentence, if the court that imposed the sentence did not order the person to comply with a condition described by Subdivision (1) for the period described by that subdivision. Added by Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 6, eff. September 1, 2017. Amended by: Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 133, eff. September 1, 2023.