A DWI arrest or conviction can remain on your criminal record long after the case is over. That record may appear in background checks conducted by employers, landlords, and other organizations.
Fortunately, Texas law provides ways to remove or restrict access to certain DWI records. Depending on how the case was resolved and the person’s criminal history, the available options may include expunction or an order of nondisclosure, commonly called record sealing.
However, not every DWI case qualifies. The outcome of the criminal case is usually the most important factor in determining whether the record can eventually be cleared.
Expunction Following a DWI Dismissal or DWI Court
An expunction is the most complete form of criminal record relief available under Texas law. When an expunction is granted, government agencies are generally required to destroy or return records associated with the arrest, and the individual can ordinarily deny that the arrest occurred.
A dismissal is required for an expunction in Texas. You must then wait the applicable waiting period (often 2 years) unless waived by the prosecutor.
Expunction After DWI Court
In Travis County may have the opportunity to participate in a DWI Court program. These programs generally emphasize treatment, rehabilitation, monitoring, and compliance with court-ordered requirements.
If participation results in dismissal of the criminal charge, the defendant is eligible for expunction and prosecutors will waive the waiting period so you can apply right away.
Be careful though. In some jurisdictions, you waive your right to an expunction. Courts will generally honor this waiver and prevent you from expunging the record if the prosecutor objects.
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Sealing a DWI Following Deferred Adjudication
Another potential outcome in a DWI case is deferred adjudication.
Under deferred adjudication, the defendant enters a guilty or no-contest plea, but the court postpones a formal finding of guilt. If the defendant successfully completes the supervision period, the court dismisses the proceedings without entering a final conviction.
Although this is generally more favorable than a conviction, the DWI arrest and deferred adjudication do not automatically disappear from the person’s criminal record.
Fortunately, Texas Government Code §411.0726 provides a procedure for obtaining an order of nondisclosure following qualifying DWI deferred adjudication.
An order of nondisclosure seals the record from most public background checks. It does not destroy the records, and certain government agencies and authorized entities may still access them.
When Can You Seal a Deferred DWI?
Generally, an eligible person must wait two years after successfully completing deferred adjudication before petitioning for nondisclosure.
Additional eligibility requirements apply. For example, the person generally cannot have a previous conviction or deferred adjudication for another offense, other than a qualifying fine-only traffic offense.
The law also restricts eligibility when the DWI involved a motor vehicle collision with another person, including a passenger, if the State presents sufficient evidence of that circumstance.
Sealing a DWI Following a Conviction
Many people assume that a DWI conviction can never be removed from public view. However, Texas law allows certain first-time DWI convictions to be sealed through an order of nondisclosure.
This option is available under Texas Government Code §§411.0731 and 411.0736.
How Long Must You Wait?
The waiting period depends on the sentence and whether the defendant was required to use an ignition interlock device.
Case disposition | Waiting period |
Conviction with probation and qualifying IID condition of at least 6 months | 2 years after completing probation |
Conviction with probation, without qualifying IID condition | 5 years after completing probation |
Conviction without probation, with qualifying IID condition of at least 6 months | 3 years after completing sentence |
Conviction without probation, without qualifying IID condition | 5 years after completing sentence |
These waiting periods apply only if the person satisfies the other statutory requirements.
For example, someone convicted of a first-time DWI who successfully completes 12 months of probation, including at least six months of a court-ordered ignition interlock restriction, may be eligible to petition for nondisclosure two years after completing probation.
The law does not guarantee that the petition will be granted. The court must determine that the applicant qualifies and that granting nondisclosure is in the best interest of justice.
When Can a DWI Not Be Sealed?
Although Texas has expanded record-sealing opportunities, several restrictions can prevent a person from obtaining an order of nondisclosure.
Previous criminal convictions or deferred adjudications. The DWI-specific nondisclosure statutes generally require that the applicant have no previous conviction or deferred adjudication for another offense, except a fine-only traffic offense. A previous misdemeanor conviction can therefore prevent someone from sealing an otherwise eligible DWI.
Repeat DWI offenses. Because of the prior-record restrictions, individuals with multiple DWI convictions generally will not qualify for DWI nondisclosure.
A DWI involving a collision with another person. If the prosecution establishes that the DWI resulted in a motor vehicle collision involving another person, including a passenger, the court cannot grant nondisclosure under the DWI-specific statutes.
Certain aggravated DWI circumstances. The DWI conviction nondisclosure statutes exclude offenses punishable under Penal Code §49.04(d), involving a qualifying alcohol concentration of 0.15 or greater. DWI deferred adjudication also has statutory eligibility restrictions involving alcohol concentration and commercial driver’s licenses.
Certain serious criminal histories. Texas Government Code §411.074 prohibits nondisclosure for people with specified criminal histories, including certain violent offenses, offenses requiring sex-offender registration, and offenses involving family violence.
New criminal offenses during the waiting period. A person who receives another conviction or deferred adjudication during the applicable supervision or waiting period may become ineligible for nondisclosure, except for qualifying fine-only traffic offenses.
These restrictions make it important to evaluate record-sealing eligibility before accepting a plea agreement, rather than waiting until the criminal case is over.
Why Record-Sealing Eligibility Matters When Resolving a DWI Case
The long-term consequences of a DWI are not limited to fines, probation, or driver’s license restrictions. A criminal record can continue to affect employment, professional licensing, and other opportunities for years.
This is why the possibility of expunction or nondisclosure should be considered when evaluating a plea agreement.
At ATX Legal, we represent clients charged with DWI in Travis County and throughout Central Texas. In addition to evaluating the evidence and negotiating possible resolutions, we consider how the outcome of a case may affect a client’s criminal record in the future.
If you have been arrested for DWI in Travis County, contact ATX Legal at 512-677-5003 to discuss your options.