What Is the Second Chance Program in Texas? Everything One Must Know

Everyone makes mistakes in life. When that happens, they should learn from it, fix it, and continue on with life. Luckily, Texas offers certain first-time offenders a second chance for a fresh start. This will help them obtain employment because their records aren't a part of the application process.

In some situations, it's not possible to get a job that requires a license. Still, once the person has met their obligations under the law, Texas offers a second chance opportunity, which allows them to move on.

It is possible to move past a conviction, especially if it was a low-level offense. If it was a non-violent issue, one should speak with a lawyer. They will fight for that person's rights, whether it was a first time DWI or something else. They can also help advise on finding housing after criminal conviction in Texas.

Overall, if one doesn't request an order of nondisclosure, the criminal record could be part of the public view. Likewise, it's important to understand that, even if one receives a second chance, law enforcement can still see the conviction, but a court can grant a sealing of the records for other parties.

What Is the "Second Chance Law?" 

The "Second Chance Law" offers low-level offenders a chance to enjoy a clean record, which is highly beneficial when they apply for jobs. However, they cannot be convicted of a violent offense. 

Ultimately, the Second Chance Act, House Bill 3016, took effect in 2018. It will permit eligible people to request an order of non-disclosure of their records after the completion of all necessary program requirements.

There is a secondary purpose of this law. It is to ensure that low-level offenders are only punished once for a crime they commit. Since people often make mistakes, they should be allowed to find gainful employment after they have completed their punishment and have gone through the program if they are eligible.

How Does One Know if They're Eligible for the Texas Second Chance Program?

Primarily, this law is designed for first-time offenders who aren't likely to repeat their crimes. To establish that, Texas law will always require a person convicted of DWI to meet these things to be eligible for the Second Chance program:

• DWI offenders must be on their first offense.

• The DWI must be considered a misdemeanor and not a felony.

• The person had to have a blood alcohol concentration (BAC) level of 0.14% or less at the time of the arrest.

• No one was hurt while the person was driving under the influence.

• The person has paid all costs, fines, and ordered restitution based on that specific criminal charge.

• There are no other offenses (related or unrelated) on that person's record.

The law is retroactive to September 1, 2017. Therefore, if the non-violent, low-level conviction (DWI or otherwise) happened earlier, one could still be eligible.

How to Apply for a Second Chance Under the Texas Bill - This Law Is Retroactive

It's often complicated to apply for the program alone. Many people aren't sure of their eligibility, so it's crucial to work with an attorney so that they don't miss their second chance.

After being sentenced and convicted, there is a waiting period before one can get the nondisclosure order. Typically, the amount of time required depends on how each individual case was resolved. 

A common situation for people who are convicted of DWI is that they are sentenced to community supervision. This means that an ignition interlock device is put on their vehicle for six months or longer. When those conditions are satisfied (and all other requirements are met), they are eligible for a non-disclosure order after two short years.

However, the waiting period could be five years or longer, depending on the specifics of the case.

Why Apply for the Second Chance Program

If one is eligible to participate in the Second Chance program, they should take the opportunity and potentially reach out to criminal defense law firms in Fort Worth. People who make one mistake and are convicted of a crime can have that information on their records forever if they don't do something about it. That means employers can see the data and are less likely to hire those with convictions.

Many employers will throw away the application or resume if they learn of a criminal conviction, even if it was a first-time DWI or low-level misdemeanor. This can leave people unable to find employment.

When someone can't work, their life becomes more difficult. They may have to take lower-paying jobs and deal with stress. Everyone deserves a second chance, and getting the criminal record sealed is the best way to do that. No one should be punished for years to come after they have paid their debt to society.

Why Hire a Texas Criminal Defense Attorney With Experience to Help You Draft an Order of Non-Disclosure

There are many program requirements, including more that weren't listed here. Ultimately, the law is complex. While it's possible to represent oneself in court, they are expected to know as much as an attorney and aren't given leniency.

Hiring an experienced criminal defense lawyer is the best solution. They can help with questions like What is the 7 year rule for background checks in Texas? They will ensure their client meets the requirements before applying. This can increase the likelihood that everything is done correctly. For example, an attorney will file all the paperwork, represent the person in court, and fight to get a non-disclosure order, allowing them to move forward and have a chance at a good job.

Which Texas DWI Lawyer Should You Choose After Receiving a Conviction?

Have you been charged with a DWI in Texas or any other low-level offense? It's important to work with a law firm that cares and understands.

A conviction for driving while intoxicated can have a negative impact on your life, especially when it comes to finding a job. You need an experienced Texas attorney who will provide you with the tools and options needed to get justice. 

We have a team of experienced attorneys and legal staff available to represent you in your case. Whether you have drug charges, a DWI, or another low-level misdemeanor, you have the right to defend yourself and ask for a second chance after conviction. Please contact Sparks Law Firm to request a free consultation today.