Can you get a DWI completely off your record in Texas?

Usually it is sealed rather than erased. Expunction is limited to cases that ended without a conviction or deferred adjudication, such as a dismissal or acquittal. Most resolved DWIs do not qualify for expunction but may qualify for a nondisclosure, which seals the record from public view.

What is the difference between expunction and nondisclosure?

An expunction destroys the record entirely. A nondisclosure seals it from the public, but courts, law enforcement, and certain licensing bodies and employers can still access it. For most DWIs, nondisclosure is the available option.

How long do I have to wait to seal my DWI in Texas?

It depends on how the case ended and whether an ignition interlock device was used. Waiting periods generally run from two to five years after completion of the sentence or probation.

Does a sealed DWI still count if I am arrested for DWI again?

Yes. Sealing hides the record from the public, but the State can still use it, and a later DWI will be enhanced and charged as a second offense.

Can I seal my DWI if my breath or blood test was 0.15 or higher?

No. A test result of 0.15 or more makes a DWI ineligible for nondisclosure under Texas law.

Will sealing remove the DWI from employment background checks?

From most private and commercial background checks, yes. Government employers, schools, hospitals, and licensing agencies may still see it.

Is DWI nondisclosure automatic once I am eligible?

No. A DWI is never sealed automatically. You must file a petition, and the judge must find that sealing is in the best interest of justice.

Can I seal a second or third DWI?

No. Nondisclosure for DWI is limited to a single offense. Any prior conviction or deferred adjudication beyond a Class C traffic ticket disqualifies you.

Criminal Records

Texas DWI Nondisclosure Attorney

One DWI shouldn’t shadow you for life. If your case is over, Texas law may let you seal it from public view — so most employers, landlords, and background checks can no longer see it. The rules are narrow and the deadlines are exact. Here’s how to find out where you stand.

Nondisclosure is not expunction. An expunction destroys a record entirely; a nondisclosure seals it from the public while letting certain agencies still see it. Most resolved DWIs don’t qualify to be erased — but many qualify to be sealed. Read about DWI expunction →

Start Here

Which situation applies to you?

How your DWI was resolved decides which law controls your case — and how long you wait before you can file. Find the description that matches what happened to you.

Pathway A · No conviction | Tex. Gov’t Code § 411.0726

Your case was dismissed after deferred adjudication

You pleaded guilty or no contest, the judge placed you on deferred adjudication community supervision, and the case was dismissed once you finished. Deferred adjudication only became available for DWI for offenses on or after September 1, 2019, so this generally applies to more recent cases.

Typical wait: about 2 years after dismissal if you used an ignition interlock for at least six months; longer without it.

Pathway B · Conviction | Tex. Gov’t Code § 411.0731

You were convicted and placed on probation

You were found guilty — a conviction on your record — but the judge probated your sentence, so you served community supervision instead of jail. This is “straight” probation, which is not the same thing as deferred adjudication.

Typical wait: about 2 years after you finish probation with a six-month interlock; otherwise about 5 years.

Pathway C · Conviction | Tex. Gov’t Code § 411.0736

You were convicted and served jail time or a fine

You were convicted and completed your sentence without community supervision — for example, you served jail time or paid a fine and were released.

Typical wait: about 3 years after you complete your sentence with a six-month interlock; otherwise about 5 years.

Not sure which one fits?

Most people don’t know whether they took deferred or straight probation — that’s normal. We’ll pull your record and tell you exactly which law applies. We handle these petitions in the Collin, Dallas, and Denton County courts where North Texas cases are heard.

Request my record review →

Eligibility

The rules that apply to every pathway

No matter which path fits your case, Texas requires all of the following to be true before a court can seal a DWI.

This was your only offense — You’ve never been convicted of or placed on deferred adjudication for anything beyond a Class C traffic ticket.
Your test result was under 0.15 — A breath or blood alcohol result of 0.15 or higher disqualifies the case.
No one else was in an accident — If your DWI involved a crash with another person — including a passenger — you are not eligible.
You finished everything — All probation, jail, fines, and program requirements are complete.
The waiting period has passed — The clock depends on your pathway and whether you used an interlock.
No disqualifying history — Certain offenses anywhere in your past permanently bar a nondisclosure.