Texas DWI Non-Disclosure: The HB 3016 Pathway Under § 411.072

HB 3016 history and why it exists

Before September 1, 2017, a Texas DWI conviction could not be sealed by any pathway. The conviction stayed on the record permanently and surfaced on every background check. House Bill 3016 (85th Legislature) created the first DWI non-disclosure path at § 411.072 as a calibrated relief tool with built-in interlock-use incentives.

The legislative compromise that produced HB 3016 was narrow by design. The bill limited relief to first-offense, low-BAC, no-accident defendants who used ignition interlock during community supervision (for a reduced waiting period) or who otherwise served the sentence to completion. The intent was to encourage interlock adoption and produce a path forward for low-risk first-offenders, while reserving the no-relief default for higher-risk or repeat cases.

HB 3582 (in 2019) later created a parallel deferred-adjudication path for first-DWI cases meeting HB 3016 conditions, allowing a defendant to avoid the conviction entirely by completing deferred adjudication. The two statutes interact: deferred-adjudication completion under HB 3582 produces a dismissal (not a conviction), and the dismissal is then sealed under HB 3016’s rules.

Five eligibility conditions

§ 411.072 imposes five threshold conditions. Every condition must be met; missing any one disqualifies the petitioner.

1. First-offense DWI. No prior conviction for DWI, intoxication assault, intoxication manslaughter, or boating while intoxicated.
2. No commercial driver license at time of arrest. CDL holders are categorically excluded under federal CDL regulations that limit non-disclosure protections.
3. No accident involving another person. If the DWI involved an accident that caused injury or death (or even property damage to a third party in some readings), the case is excluded.
4. BAC under 0.15. A BAC at 0.15 or above (which makes a first-offense DWI a Class A under § 49.04(d)) is excluded from HB 3016 non-disclosure.
5. Successful completion. Either successful deferred adjudication under HB 3582 conditions OR successful service of the sentence with ignition interlock for the full term.

The eligibility filter screens out most aggravators that make a DWI feel more serious. A defendant with a child passenger (state jail felony under § 49.045) is categorically excluded — that case is a separate felony, not a Class B DWI eligible for HB 3016.

The interlock incentive (2 vs. 5 years)

HB 3016 created a calibrated reward for ignition-interlock use: a 2-year waiting period for defendants who used interlock for 6+ months during community supervision (or the full term of the sentence), versus a 5-year waiting period for those who did not use interlock.

The incentive structure works in two directions:

• Encouraging adoption. Defendants who might otherwise refuse the interlock get a meaningful sealing-timeline benefit for accepting it. The 3-year difference (5 down to 2) is material when planning an employment-application strategy.
• Distinguishing accountability. Defendants who completed their sentence with interlock — accepting the front-end inconvenience — get earlier back-end relief than those who did not.

The strategic implication for defense counsel: structure the plea or sentence to qualify for the 2-year waiting period whenever possible. The 6-month threshold is a minimum; longer interlock service does not extend the benefit further, but skipping interlock entirely costs 3 years on the non-disclosure timeline.

Common DWI exclusions

Several common DWI scenarios are categorically excluded from HB 3016. The exclusions reflect Texas’s judgment that certain higher-risk cases shouldn’t receive sealing relief.

BAC 0.15+ (Class A DWI)

A first-offense DWI with BAC at or above 0.15 is a Class A misdemeanor under § 49.04(d), not Class B. The Class A elevation reflects higher impairment and is excluded from HB 3016.

DWI with child passenger

DWI with a child passenger under 15 is a state jail felony under § 49.045, not a Class B DWI. The felony classification excludes the case from HB 3016 even on first offense.

Intoxication assault or intoxication manslaughter

These are separate offenses under § 49.07 and § 49.08. Both are felonies (third-degree and second-degree respectively) and excluded from HB 3016. The accident-with-injury condition typically rules these out anyway.

Commercial driver license

CDL holders are categorically excluded. Federal CDL regulations narrowly limit which non-disclosure protections apply to a commercial driver, and HB 3016 was drafted to align with that.

Prior DWI conviction

Even a single prior DWI from any state, or a prior intoxication assault or manslaughter, disqualifies HB 3016 relief. The first-offense condition is strict.

Filing the DWI non-disclosure petition

The DWI non-disclosure petition follows the same general procedure as deferred-adjudication non-disclosure under § 411.0725, with DWI-specific documentation. File in the court that placed the defendant on community supervision (or the trial court for sentence-with-interlock cases).

DWI-specific documentation required:

• BAC documentation from the case (breath or blood test results).
• Ignition interlock service records (manufacturer reports showing dates of operation).
• Proof that the BAC was under 0.15 (typically from the lab report or breath-test record).
• Proof of no accident involving another person (police reports showing single-vehicle stop or no third-party involvement).
• Discharge order from the supervising court.
• Driver license record showing no CDL at time of arrest.

Filing fee is the standard $28 statutory fee plus county court costs. Most uncontested HB 3016 petitions resolve in 60–90 days from filing.

What sealed DWI records still affect

Even after an HB 3016 non-disclosure order issues, the DWI continues to affect certain things outside the scope of the order. The order is meaningful but not absolute.

Persisting effects of a sealed DWI:

• Future DWI enhancement. A sealed first-DWI still counts as a prior for purposes of enhancing a future DWI to Class A (§ 49.09(a)) or third-degree felony (§ 49.09(b)). The non-disclosure order does not erase the prior for criminal-prosecution purposes.
• License surcharges and suspensions. Administrative license-revocation actions and driver-license surcharges under the former Driver Responsibility Program (for older offenses) operate independently of HB 3016 non-disclosure.
• Insurance. Insurance carriers may continue to consider the DWI in their underwriting and pricing. Insurance access to driving records is separate from criminal-history record access.
• Federal disclosure obligations. Certain federal forms (security clearance, federal employment) may require disclosure of prior arrests or convictions even if Texas has sealed the record.
• Court-mandated programs. A defendant in an ongoing DWI program (interlock, education, treatment) must complete the program even after the non-disclosure order issues.

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