Criminal History in Texas: Does a DWI Count as a Criminal Record?

Yes, in almost every situation a Texas DWI counts as a criminal record that can show up on background checks, even if it is your first offense and charged as a misdemeanor. A DWI in Texas is a criminal offense, not a traffic ticket, and it can appear in court records, DPS driving records, and private background check databases unless it is later cleared or sealed. Understanding how that works is the first step to protecting your job and your future.

If you are asking, “does a DUI count as criminal record” or more specifically does a DUI count as a criminal record in Texas, you are really asking whether this arrest or conviction will follow you when you apply for jobs, housing, or professional licenses. For a working parent in Houston who depends on a clean record to stay employed, this is not an academic question, it is about putting food on the table.

Big Picture: Is DWI a Criminal Conviction in Texas or Just a Traffic Case?

In Texas, driving while intoxicated is its own separate crime under the Penal Code. It is usually filed as a misdemeanor for a first or second offense, but it can become a felony when certain factors are present. Either way, if you are convicted, it becomes part of your Texas criminal record for drunk driving and does not simply “drop off” like an old speeding ticket.

For you as a working dad like the PrimaryPersonaLabel, that means a Houston DWI can sit in the same criminal history file as theft or assault. Even a Class B misdemeanor DWI is still an arrest and potentially a conviction that employers and landlords can see when they run your name.

Misdemeanor DWI vs Felony DWI in Texas

Most first time DWIs without an accident are Class B misdemeanors. If your blood alcohol concentration was at or above 0.15, the charge can be enhanced to a Class A misdemeanor. These are still criminal cases, handled in county criminal courts, and a conviction creates a permanent criminal history entry.

Certain situations can turn a DWI into a felony. For example, a third or subsequent DWI, a DWI with a child passenger, or DWI involving serious bodily injury or death are all felony-level charges. You can learn more about when a DWI becomes a felony in Texas and why that matters for your long term record.

Whether the case is labeled misdemeanor or felony, the key point for you is this: a DWI is a criminal charge that can lead to a criminal conviction in Texas. It is not treated like a simple traffic citation.

How Courts and DPS Record a Texas DWI

When you are arrested for DWI in Houston or anywhere in Harris County, several things happen behind the scenes:

• The arrest is logged by the local police agency and submitted to the Texas Department of Public Safety (DPS).
• Your fingerprints are taken and matched to your state criminal history number.
• A criminal case is opened in county court with a cause number and public docket.
• If you are convicted, DPS records the conviction on your criminal history and your driver record.

That paper trail is what background check companies rely on when they answer an employer’s question about you. So the question is not only “is DWI a criminal conviction Texas recognizes,” but also whether that information is easily searchable by others, which it usually is.

What Houston Employers Actually See: DWI and Criminal Background Checks

You are probably less interested in legal labels and more worried about whether your supervisor or HR department will find out. For a construction manager like Mike who works on job sites with safety-sensitive duties, that fear is very real.

When a company in Texas runs a background check, they may look at some or all of the following:

• County criminal records in Harris County and surrounding counties where you have lived or worked
• Statewide DPS criminal history files
• Driving records, especially if your job involves driving company vehicles
• Federal criminal records for certain positions

Because a Texas DWI is a criminal offense, it can show up in the criminal portion of these reports. It can also show on a separate driving record report as an alcohol-related offense. For a deeper dive into how a DWI may appear on job background checks, you can review that Houston-focused guide next.

Texas Background Checks and the “Seven Year” Idea

Many people believe that a DWI conviction ages off their record after seven years. That is a common misconception. In Texas, a criminal conviction typically stays on your record indefinitely unless it is later expunged or sealed.

There is a separate concept involving how far back certain consumer reporting agencies choose to report non-conviction information. Some of that is explained in the Texas State Law Library guide on background‑check restrictions (7‑year rule). The bottom line for you is simple: a DWI conviction is usually reportable for far longer than seven years, which is why case outcomes and record-clearing options matter.

Example: How One Houston Worker’s DWI Showed Up

Consider this short story. A Houston equipment operator was arrested for a first time DWI, pled guilty to get probation, and finished everything early. Three years later, he applied for a supervisor promotion with a different contractor. The background check pulled his Harris County criminal case number and showed a DWI conviction plus probation, even though he had completed all court terms. That one entry led to extra questions in the interview and delayed the job offer.

Your story will be different, but the lesson is similar. If the case results in a conviction, it will likely be visible on the type of background checks many Houston employers run for years to come.

Misdemeanor DWI and Criminal History in Texas: What Really Changes for You

For many people, the phrase “criminal record” feels harsh, especially when they have never been in trouble before. If you are facing a first time DWI, it is usually filed as a misdemeanor. That does not mean it is harmless. It can still change how your record looks whenever someone runs your name.

How a Misdemeanor DWI Affects Texas Criminal History

Even a single misdemeanor DWI conviction can affect your life in several ways:

• It creates a permanent entry on your Texas criminal history, unless later cleared.
• It can trigger an administrative driver license suspension through the ALR process.
• It may increase your auto insurance rates for years.
• It can cause problems when applying for certain professional licenses or certifications.
• It may limit opportunities for jobs that involve driving or operating heavy machinery.

If you drive crews, tow trailers, or operate company pickups, a misdemeanor DWI and criminal history Texas employers can see might cause supervisors to question your reliability or assign you to different duties.

Public Record vs “Sealed” Record

One key idea that confuses people is the difference between public criminal records and records that are restricted or sealed. In general:

• Public records are open to anyone who searches court databases or pays for a background check.
• Sealed or nondisclosed records are hidden from most private employers but may still be visible to law enforcement and some government agencies.

If your DWI case is dismissed, or if you qualify for expunction or nondisclosure later, you may be able to limit how much of that history shows up on standard employer checks. That process is not automatic, and timelines and eligibility rules are strict.

Quick Action Steps After a Texas DWI: Protecting Records, License, and Job

Right after a DWI arrest, you feel pulled in a dozen directions. You may be thinking about getting your truck out of impound, telling your spouse what happened, and figuring out whether your boss needs to know. At the same time, there are legal deadlines ticking that can affect your license and long term record.

1. Do Not Ignore the 15 Day ALR Deadline

In most Texas DWI cases, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. If you miss that deadline, your driver license can be suspended automatically, often for 90 days or more for a first offense.

You can review how to request an ALR hearing and deadlines so you understand what paperwork must be filed and how that hearing can sometimes be used to gather evidence that later helps the criminal case.

2. Get Copies of Your Records Early

It is smart to collect information about your case rather than wait for surprises. You can:

• Order a copy of your Texas DPS driving record.
• Check the Harris County or local county clerk’s website for your case status.
• Save all paperwork from your arrest, including the DIC-24 and bond conditions.

Knowing exactly what is already in the system helps you answer questions honestly if your employer asks about the arrest and also helps any lawyer you speak with evaluate whether there are defenses or dismissal options.

3. Talk With a Qualified Texas DWI Lawyer About Record Options

Each DWI case has its own mix of facts, lab results, and prior history. A lawyer who handles Houston Texas DWI and criminal background issues regularly can walk you through how your case might be charged, what outcomes are realistic, and how those outcomes affect expunction or sealing options later.

That does not mean you are locked into a conviction. Sometimes evidence problems, video issues, or Fourth Amendment questions lead to reductions or dismissals. Knowing that early may change how you answer questions from HR or how you plan for the next few years.

Daniel Kim — Data-driven Professional: Exact Definitions and Odds

If you relate more to Daniel Kim — Data-driven Professional, you probably want the precise legal definitions and some sense of probabilities. In Texas, a DWI conviction is defined as a finding of guilt for the offense of driving while intoxicated under Texas Penal Code section 49.04 and related sections. That conviction is then recorded in the Texas Crime Information Center and on your DPS driving record.

From a probability standpoint, there is no single statewide number because dismissal and conviction rates vary by county, judge, and the strength of the evidence. In busy counties like Harris, many first time cases are resolved through plea agreements, but a meaningful number end in dismissals, reductions to non-DWI charges, or not guilty verdicts. The chance that your specific case can avoid ending as a DWI conviction on your criminal record depends on facts like the stop, the tests, and your prior history.

Ryan Mitchell — Researcher Seeking Specialist: Process and Options

If you identify with Ryan Mitchell — Researcher Seeking Specialist, you are probably trying to understand what a focused Texas DWI practice can actually do and what the process looks like. Generally, a DWI focused defense involves:

• Requesting and fighting the ALR license suspension.
• Obtaining all police reports, videos, and lab results.
• Reviewing whether the initial stop, arrest, and testing followed constitutional and technical rules.
• Evaluating plea offers, diversion programs, or alternative resolutions where available.
• Planning ahead for expunction or nondisclosure if the case is dismissed or resolved in a qualifying way.

You are looking for clear process steps and someone who can talk frankly about both the strengths and weaknesses of your case, not vague promises. Asking focused questions about how a lawyer approaches suppression issues, license hearings, and record-clearing tools can help you decide who to consult.

Sophia/Marcus — Executive Concerned About Reputation and Privacy

If you see yourself in Sophia/Marcus — Executive Concerned About Reputation, your top fear may be your name showing up in public searches and industry background checks. For executives and licensed professionals, privacy and discretion are often as important as the underlying penalties.

In Texas, even misdemeanor DWI case information is usually public unless sealed by court order. That is why negotiation strategies sometimes include not only the charge itself but also the type of final disposition and whether it may qualify later for an order of nondisclosure. Some Houston professionals choose to act quickly to pursue dismissals, pretrial programs, or reduced charges that can be contained and later restricted so that most private employers and casual online searches do not display the case.

Tyler Brooks — Young, Unaware: Reality Check on Long Term Costs

If you feel close to Tyler Brooks — Young, Unaware, you might be thinking, “Everyone gets a little wild once, this will probably blow over.” A Texas DWI does not usually blow over on its own. Beyond fines and a license suspension, it can raise your insurance for years, block apartment applications, and follow you into future job interviews where you will have to explain it.

The hidden costs add up. Over ten years, higher insurance premiums, lost job opportunities, and limited travel options can easily cost far more than the initial court fines. That is why it is important not to write off a DWI as a harmless rite of passage.

Elena Morales — License-Sensitive Professional: DWI, ALR, and Your License

If you relate to Elena Morales — License-Sensitive Professional, your main concern may be a professional license or certification that depends on a clean record and an active driver license. Nurses, teachers, commercial drivers, and other licensed workers often face extra reporting duties.

Missing the ALR 15 day deadline or failing to plan for how a plea will look to your licensing board can create avoidable problems. It is important to understand both the criminal case and the separate administrative and professional reporting rules so that you can time disclosures and plan for remedial steps like counseling, classes, or monitoring, if needed.

Can a Texas DWI Be Sealed or Cleared from Your Criminal Record?

One of the most important questions people ask is whether their DWI will ever come off their record. There are two main tools that may help in some situations: expunction and orders of nondisclosure. These tools are complex and not available in every case, but they are worth understanding early.

Expunction: Erasing Qualifying DWI Records

An expunction is the closest Texas offers to erasing a criminal record. If you are eligible and the court grants an expunction, many agencies must destroy or return records related to that arrest. For DWI-type cases, expunction is typically available only when:

• The case is dismissed and not refiled, and sufficient time has passed with no conviction for that charge.
• You are found not guilty at trial.
• You successfully complete certain pretrial diversion programs that include expunction eligibility.

The exact waiting periods and eligibility rules can be technical. For a deeper explanation, some people use an interactive guide on expunction and record-clearing options to understand how Texas handles these situations in real life.

Nondisclosure: Sealing Certain Misdemeanor DWI Cases

Texas also allows some misdemeanor DWI convictions to be sealed from most public background checks through an order of nondisclosure. This does not erase the record completely, but it restricts access by most private employers and background check companies. Law enforcement and some licensing agencies can still see it.

The rules for DWI nondisclosure are set out in the Texas statute on nondisclosure for certain DWI misdemeanors. Eligibility can depend on factors such as your BAC level, whether there was an accident with injury, whether it is your first offense, and how your probation was structured. Waiting periods can range from two to five years or more after discharge from probation.

If you want a step by step explanation of steps to request expunction or nondisclosure in Texas, that Houston centered roadmap can help you plan what to do once your active case is resolved.

Houston Texas DWI and Criminal Background: Local Realities You Should Know

In the Houston area, DWI prosecutions are common and courts see thousands of cases each year. That volume means local employers and background screening companies are used to sorting through DWI records from Harris County, Montgomery County, Fort Bend County, and beyond.

For a working dad in Houston, a few local realities matter:

• Many larger Houston employers run criminal background checks for promotions, not just initial hiring.
• Jobs that involve refinery access, plant work, or driving heavy equipment often have stricter standards.
• Some companies have internal policies that treat DWI convictions within the last three to five years more seriously than older cases, even if the law has no such cut off.

That means a DWI case today can affect not only the job you have now but the raise or promotion you hope to earn in two or three years. Thinking ahead about how the case is resolved and what your record will look like at that point is part of protecting your career.

Common Misconceptions About DWI and Texas Criminal Records

When you start asking friends or coworkers for advice after a DWI arrest, you are likely to hear confident statements that are just not accurate in Texas. Clearing up those myths can help you avoid painful surprises.

Misconception 1: “It Drops Off After Seven Years”

As mentioned earlier, a DWI conviction in Texas does not automatically drop off after seven years. That idea usually comes from confusion about background check company practices in other states. In reality, unless you obtain expunction or nondisclosure, the conviction can remain on your criminal history and driving record indefinitely.

Misconception 2: “If It’s a Misdemeanor, It Won’t Matter”

Another common belief is that misdemeanors are minor and do not matter to employers. For jobs that involve driving, safety responsibilities, or access to secure locations, a misdemeanor DWI can matter a lot. In Houston industrial and construction work, one alcohol related conviction can affect site access badges or company insurance approval.

Misconception 3: “If I Get Probation, It’s Not a Conviction”

In many Texas DWI cases, probation is part of the sentence after a plea of guilty or no contest. In most situations, that still counts as a conviction for criminal record and background check purposes. You may successfully complete probation, but the underlying finding of guilt remains in the system unless a court later grants expunction or an order of nondisclosure.

Misconception 4: “No One Will Find Out If I Keep Quiet”

It is natural to want to keep a DWI arrest private, especially from your boss. In reality, many employers run periodic background checks or check driving records before promotions or reassignment. Even if you do not tell anyone today, the case can surface later through routine screening, especially if it becomes a conviction.

How This Affects Insurance, Housing, and Everyday Life

A DWI record in Texas does more than sit in a file. It can change how other parts of your life look day to day. For a working parent, the ripple effects can be stressful and expensive.

Auto Insurance

After a DWI, many drivers see their auto insurance premiums rise sharply. Some carriers may cancel policies or decline to renew. Others may require an SR-22 filing and charge higher rates for several years. Over time, the added cost can reach thousands of dollars.

Housing and Loans

Landlords and property managers in Houston often run criminal background checks, especially for larger apartment complexes. A visible DWI conviction might not automatically bar you, but it can result in extra deposits or denials, depending on their policies. Some lenders also consider criminal history when reviewing certain loan applications.

Family and Travel

A DWI record can complicate family plans in surprising ways. Crossing certain international borders can be harder with an alcohol-related conviction. Planning family vacations, work trips, or child visitation schedules sometimes requires extra attention to these restrictions.

Frequently Asked Questions About Does a DUI Count as a Criminal Record in Texas

Does a first time DWI in Texas go on my criminal record?

Yes. A first time DWI in Texas is usually a misdemeanor, but it still goes on your criminal record if you are convicted. That record can be seen in background checks unless a court later grants expunction or an order of nondisclosure.

How long does a DWI stay on my record in Texas?

Under Texas law, a DWI conviction can stay on your record permanently. It does not automatically fall off after seven or ten years. The only way to remove or limit it is usually through expunction or nondisclosure, when those tools are available.

Will a DWI show up on Houston employer background checks?

In most cases, yes. Houston employers who run criminal background checks or driving record checks are likely to see a DWI conviction or even a pending DWI charge. Each employer decides how to handle that information based on its own policies.

Is a Texas DWI a felony or misdemeanor?

Most first and second DWIs in Texas are misdemeanors, but certain factors can raise the charge to a felony. Examples include a third or later DWI, a DWI with a child passenger, or a DWI that causes serious injury or death. Both misdemeanor and felony DWIs create criminal records if they result in convictions.

Can a Texas DWI ever be removed from my record?

Sometimes. If your case is dismissed, you are found not guilty, or you complete certain qualifying programs, you may be able to pursue an expunction. In some misdemeanor DWI cases, you may qualify for an order of nondisclosure to seal the record from most private background checks after a waiting period.

Why Acting Early Matters for Your Texas DWI and Criminal Record

By now you can see that a Texas DWI is not just a traffic ticket. It is a criminal charge that can leave footprints on your record, your job prospects, your insurance, and your family’s budget for years. For a working dad in Houston who depends on steady income, those long term effects matter as much as the fines or short term license suspension.

Early action gives you more options. Using the 15 day ALR window, understanding how your case could show up on background checks, gathering your records, and asking a qualified Texas DWI lawyer about expunction and nondisclosure timelines can all reduce the damage. Even if you feel embarrassed or overwhelmed, taking small, informed steps now is often better than waiting until a future promotion or job change forces the issue.

If you are a professional like Sophia/Marcus worried about reputation or a younger driver like Tyler wondering about long term costs, the message is the same. A DWI does count as a criminal record in Texas in most cases, but outcomes and record clearing tools are not all or nothing. The sooner you understand your options, the better chance you have to protect your future.

Watch this short explainer from our Houston DWI lawyer on whether a DWI shows up on criminal background checks and what steps to take next if you are a working parent worried about employment and your record.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
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