Yes, you can rent an apartment with a DWI in Texas. But most landlords run a criminal background check, and a DWI on that report can get your application denied. The law gives them a lot of room to do it, so the real fix is keeping the DWI off your record or getting it sealed.
Can a Landlord Deny You Because of a DWI?
In most cases, yes. The federal Fair Housing Act bars housing discrimination based on race, color, national origin, religion, sex, familial status and disability. The Texas Fair Housing Act covers the same ground. Criminal history isn’t a protected category under either one.
HUD put out guidance in 2016 warning housing providers that blanket bans on applicants with criminal records could run afoul of the Fair Housing Act. HUD’s general counsel withdrew that guidance in September 2025. So a private landlord in Houston has a lot of room to screen for a DWI and turn you down over it.
Where a Landlord Finds Your DWI
Police can see your full history in law enforcement systems like the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC). Landlords don’t get into those. They don’t need to.
Under Government Code § 411.135, anyone can buy DPS criminal history on a conviction or a grant of deferred adjudication, along with the arrest that goes with it. County court records are public too. Tenant screening companies pull from both and sell the results to property managers. That’s why a deferred adjudication can still cost you an apartment even though it’s not a conviction. Until it’s sealed, it’s on the report.
A Felony DWI Makes It Harder
A first DWI is a misdemeanor. Some landlords will look past an older misdemeanor, especially with good rental history and steady income. A felony DWI is a harder sell. In Texas that usually means a third DWI, a DWI with a passenger younger than 15, a DWI in a school crossing zone while the reduced speed limit applies, or a crash that seriously injured or killed someone, which is charged as intoxication assault or intoxication manslaughter.
Sealing a DWI With an Order of Nondisclosure
A lot of people with a first DWI can seal it. An order of nondisclosure stops criminal justice agencies from releasing the record to the public, and the court clerk seals the court file. Screening companies that get notice of the order have to destroy the information and can’t sell it again. If they do, Government Code § 411.0851 lets you sue them for damages.
For a first DWI, you generally need a test result under 0.15, no prior convictions or deferred adjudications other than fine-only traffic tickets, a completed sentence with every fine and cost paid, and no new conviction or deferred adjudication during the waiting period. The court can’t grant it if the prosecutor shows the DWI caused a crash involving another person. The waiting period depends on how the case ended:
- Deferred adjudication: two years after you complete it (Gov’t Code § 411.0726).
- Probation after a conviction: two years after you finish probation if you had an ignition interlock for at least six months, five years if you didn’t (§ 411.0731).
- A conviction with jail or a fine and no probation: three years after you complete the sentence with at least six months of interlock, five years without it (§ 411.0736).
- A test result of 0.15 or higher: none of these sections apply.
Our petition for nondisclosure page goes into more detail. The eligibility rules have traps in them, and filing too early or on the wrong section wastes months.
Expunction Is Even Better
If your DWI case was dismissed, or you were found not guilty, you may qualify for an expunction under Chapter 55A of the Code of Criminal Procedure. An expunction goes further than sealing. The records get destroyed, and under Article 55A.401 you can deny the arrest happened. Deferred adjudication and probation generally rule out an expunction for a DWI, which is one more reason the way your case ends matters so much.
If You’re Applying for an Apartment Right Now
Don’t lie on the application. A screening report will catch it, and a false answer gives the landlord a reason to deny you that has nothing to do with the DWI. Ask the property what its screening criteria are before you pay an application fee. Some complexes look back a set number of years. Others only care about certain offenses.
The Best Fix Is a Case That Never Becomes a Conviction
A sealed record is good. A dismissal or an acquittal is better. Jay Blass Cohen is a certified Drug Recognition Expert and an ACS-CHAL Forensic Lawyer-Scientist, and he teaches the standardized field sobriety tests officers rely on in DWI arrests. That’s the background a Houston DWI lawyer needs to take apart a blood result or a bad stop.
If a DWI is standing between you and a lease, whether the case is still open or it’s years old and you want it sealed, call Blass Law at (713) 664-4000 or reach us through our contact page. We’ll look at your record and tell you what can be done.
A Houston DWI and criminal defense attorney since 2009 who has never worked for the prosecution. Jay is an ACS-CHAL Forensic Lawyer-Scientist, a certified practitioner and instructor of Standardized Field Sobriety Testing, a certified Drug Recognition Expert, and trained in forensic chromatography. He is a member of the National College for DUI Defense, a founding member of the DUI Defense Lawyers Association, and an appointee to the Texas Indigent Defense Commission by Gov. Abbott in 2024.
Last reviewed September 2026 · This article is legal information, not legal advice. Read Jay’s full bio →