That old DWI keeps showing up on background checks and apartment applications. Call (713) 664-4000 and we’ll tell you in one call whether it can be expunged or sealed.
No BS first: Texas does not allow expunction of a DWI conviction. Anyone promising to “erase” a conviction through expunction is selling something. But most people who call us have a real option: expunction if the case didn’t end in a conviction, or nondisclosure if it did.
Find out where your DWI record stands. Our free eligibility tool takes about two minutes, stays anonymous, and cites the statute that applies to your situation.
Option 1: expunction (the full eraser)
If your DWI arrest ended without a conviction (the charge was dropped or a jury acquitted you), you may be entitled to an expunction under Code of Criminal Procedure Chapter 55A: the arrest, booking, and court records are destroyed, and you can legally deny the arrest ever happened. This is the cleanest outcome Texas law offers, and it’s exactly why fighting the case up front matters so much. One catch: a case dismissed after you finished deferred adjudication can’t be expunged (Art. 55A.051), but it can usually be sealed.
Option 2: nondisclosure (sealing a first-time DWI)
Since Texas opened nondisclosure to certain DWI convictions, thousands of first-time offenders have become eligible to seal their records, meaning private employers, landlords, and background-check companies can no longer see them. Broadly, you may qualify if:
- It was a first-time DWI (no other convictions besides minor traffic fines),
- Your BAC was under 0.15,
- The incident didn’t involve an accident with another person, and
- You’ve completed your sentence and the required waiting period, generally 2 years if you had an ignition interlock for at least 6 months, 5 years if not.
We’ll tell you in one phone call if you’re likely eligible and what the timeline looks like. Read more about nondisclosure orders.
What About Deferred Adjudication?
DWI deferred adjudication is available in Texas for certain first offenses, and successfully completing it can open a path to nondisclosure. If you’re weighing a deferred offer right now, understand exactly what it does and doesn’t do to your record before you sign. Start with what deferred adjudication means in Texas, then talk to our Houston deferred adjudication lawyer.
How the Process Works
- Record review: we pull your complete criminal history and confirm eligibility. People are wrong about their own records all the time, in both directions.
- Petition: filed in the right court with the facts that satisfy every statutory box.
- Hearing and order: once granted, we make sure DPS and the private databases actually comply. An order nobody enforces is just paper.
Most nondisclosure and expunction matters run on flat fees, and the whole thing usually takes a few months from filing to a signed order.
Record-Clearing FAQs
How long does a DWI stay on your record in Texas?
Forever, unless you affirmatively clear or seal it. There is no automatic drop-off. The two paths above are how you clear or seal it.
Who can still see a sealed record?
Law enforcement, licensing agencies, and certain government entities. Private employers and landlords generally cannot.
I was arrested but never convicted years ago. Is the arrest still on my record?
Almost certainly yes. Dismissals don’t clean themselves up. That arrest is likely expungable, and it’s worth doing before your next job hunt, not during it.
Find out what your record can look like
One free call and we’ll tell you straight whether expunction or nondisclosure fits your case: (713) 664-4000. And if you’re facing a new charge, the best record-clearing strategy is winning now. Talk to a Houston DWI lawyer first.
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC, ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.