Do DUI Go Away in Texas? How Long a DWI Stays on Your Record

No, a Texas DWI does not automatically go away from your criminal or Texas DPS driving record over time. A conviction stays on your criminal history permanently unless the law allows record sealing through an order of nondisclosure in narrow situations, and your DPS driving record keeps major alcohol related entries indefinitely. If you are searching do DUI go away in Texas, the real key is understanding which record you mean, your eligibility for expunction or nondisclosure, and the short Administrative License Revocation deadline that follows an arrest.

Do DUI go away in Texas, fast answer for busy professionals

• Criminal record: A DWI conviction in Texas is permanent. It does not drop off with time. Some first time cases can be sealed from most public view with a court order of nondisclosure after a waiting period if statutory criteria are met.
• DPS driving record: A DWI conviction and ALR suspension entries are retained indefinitely on your Texas driving record. Nondisclosure does not remove DPS entries.
• Expunction is limited: Expunction is usually possible only if the case is dismissed, you are acquitted, or the charge is never filed. A conviction is not expungable.
• ALR 15 day deadline: After a DWI arrest, you generally have 15 days from the date you received the suspension notice to request an ALR hearing. Miss it and a suspension typically begins on the 40th day.
• Background checks: In most employment screenings, criminal convictions can be reported indefinitely. Sealing helps limit public access, but law enforcement and many licensing boards still see it.

You want a clear plan that protects your career and reputation. The rest of this guide breaks down exactly how long DWI stays on record in Texas, what can be cleared or sealed, and what you can do this week to reduce long term harm.

What record are we actually talking about, criminal vs DPS driving record

Texas uses DWI for adults under Texas Penal Code Chapter 49, not DUI. People still search do DUI go away in Texas, so we use the term here to match that search. There are two different records that matter to you as a professional in Houston.

• Criminal record: This is your court case and disposition in Harris County or another Texas county. It shows the arrest, charge, and outcome, for example conviction, deferred adjudication, dismissal, or acquittal.
• DPS driving record: This is your Texas Department of Public Safety driver history. It includes alcohol related suspensions such as ALR, convictions for DWI or related offenses, and compliance items like interlock restrictions.

These records behave differently. The court record can sometimes be sealed or expunged depending on the outcome and statute. The DPS driving record is a regulatory history and is not sealed by a criminal nondisclosure order. For a deeper dive into how these two systems show up on screenings, see the firm’s page with common questions about DWI records, expunction, nondisclosure.

How long DWI stays on record in Texas, criminal and driving records compared

Criminal record duration for DWI in Texas

If you are convicted of DWI in a Houston area court, that conviction stays on your criminal history indefinitely. There is no automatic seven year drop off for convictions. An order of nondisclosure can limit public access in specific first time circumstances, described below, but it does not erase the fact of the case for law enforcement, courts, or many licensing boards.

Non conviction outcomes are different. If your case is dismissed, you are acquitted, or the prosecutor declines to file charges, you may be eligible to seek expunction under the Texas Code of Criminal Procedure Chapter 55. Expunction deletes the arrest from criminal history databases. Eligibility and waiting periods depend on the exact outcome and charge level, so confirm the timing before filing.

Texas DPS driving record DWI entries

DPS keeps major alcohol related entries indefinitely. That includes ALR suspensions after a refused or failed breath or blood test, and court convictions for DWI. While some minor traffic violations age off summarized records after a shorter period, a DWI is treated as a major offense and remains part of your driver history.

For you, the practical takeaway is simple. A conviction will continue to appear on a full driver record pull, and private background screeners may also reference DPS data or clerk records. If you drive for work, a company risk team may request a certified Type 3A record that shows the full history.

Background check visibility for Houston Texas DWI

• Employment checks: Consumer reporting agencies can typically report convictions regardless of age. If the case is sealed by nondisclosure, most general employers cannot obtain your criminal history for that event from the usual public sources.
• Licensing boards: Many Texas boards and state agencies remain authorized to view sealed records for suitability reviews, and they can ask you about them during licensing or renewal.
• Insurance: Auto insurers use driving and claims data. A DWI related conviction or ALR suspension can increase premiums for several years.

If you want a side by side explanation of what appears in common reports, this blog post unpacks what shows up on criminal and employment background checks.

Eligibility to clear or limit a Texas DWI record, expunction vs nondisclosure

Expunction basics

Expunction is the gold standard for privacy. It deletes the arrest from criminal databases and lets you lawfully deny the arrest in most settings. You do not receive expunction after a conviction. Expunction is typically available when a DWI case is dismissed, you are acquitted, the prosecutor declines to file, or in a rare pardon. Timing can involve waiting until the statute of limitations runs if there was no filing. This path does not remove entries from your DPS driving record when there was a driver license suspension, but it prevents the criminal arrest from appearing in most public searches.

Nondisclosure for some first time DWI convictions

Texas permits a court to issue an order of nondisclosure for certain first time DWI misdemeanors that meet statutory criteria. Examples include a case with no accident involving another person, no prior disqualifying criminal history, and a blood alcohol concentration under a set threshold. There are waiting periods that depend on the sentence conditions, and interlock use can shorten the wait. For the governing language, see the Texas statute on nondisclosure eligibility for some DWI convictions.

Even with nondisclosure, your DPS driving record is not sealed, and specific government and licensing entities can still access the sealed criminal information. For a practical walkthrough of whether and how a DWI can be sealed or expunged, review that guide next.

Deferred adjudication and later sealing

In some first time cases, courts may allow deferred adjudication for a DWI, which can support a later order of nondisclosure if the statute’s requirements and waiting periods are met. This outcome avoids a formal conviction if you complete all terms. It still will not clean your DPS driver record of ALR or interlock entries, but it can reduce what most employers and the general public see.

ALR 15 day deadline, your driver’s license, and DPS entries

If you were arrested for DWI in Houston or anywhere in Texas, the Administrative License Revocation process begins quickly. You usually have 15 days from the date you received the suspension notice to request a hearing. If you miss that window, the suspension generally starts on the 40th day after the notice date. The ALR decision and any refusal or failure entries become part of your DPS file.

Here is what that means for you as a career conscious driver:

• First failure of a breath or blood test at 0.08 or higher often brings a 90 day suspension.
• First refusal to provide a specimen typically brings a 180 day suspension.
• With a prior alcohol related contact, the periods generally increase to 1 year for a subsequent failure and 2 years for a subsequent refusal.

You can request a hearing and contest the suspension. For practical steps, see how to request an ALR hearing and deadlines, and the official DPS portal for Texas DPS ALR hearing request and 15‑day deadline information.

If you depend on driving for work, you may explore an occupational license to drive for essential needs during a suspension. That requires a court order and strict compliance. Keep every compliance document, because those entries can appear in DPS records too.

Terminology check, DWI vs DUI in Texas

Texas Penal Code Chapter 49 uses the term DWI for adults. Texas also has a separate offense called DUI for minors under the Alcoholic Beverage Code. If you are an adult searching do DUI go away in Texas, you are almost certainly dealing with a DWI. That is why you will see DWI used throughout this article when referring to adult cases.

Houston perspective, how these rules play out in Harris County and nearby courts

Houston area courts apply statewide DWI law, but procedure details and program availability vary by county. For a first arrest, some courts offer pretrial intervention or deferred adjudication when facts and history allow. Others focus on sobriety monitoring and interlock conditions. Your outcome impacts both the criminal record and the DPS entries. For example, a negotiated reduction to an offense that is not DWI might limit future background check risk, while still leaving an ALR entry if there was a test refusal. In practice, you want your lawyer to monitor the criminal case track and the DPS track at the same time so you do not miss a license deadline or a sealing opportunity.

Micro story, how one Houston professional protected long term opportunities

Jordan, a project manager in the Energy Corridor, was arrested on a first DWI after a work dinner. Jordan requested the ALR hearing within 15 days. The criminal case was later resolved without a conviction after compliance and treatment, and the court terminated conditions early. After the waiting period and with zero new issues, Jordan qualified for nondisclosure. Years later, most public databases no longer showed the case, and the DPS record reflected the ALR but no new violations. The key moves were requesting the ALR hearing on time, tracking every deadline, and choosing a resolution that preserved record relief eligibility.

Practical steps you can take this week

• Calendar the 15 day ALR deadline and request the hearing. Keep proof of submission and confirmation numbers.
• Order your own records: Request a certified Type 3A driving record from DPS, and pull your court docket from the Harris County District Clerk or the county where the arrest occurred. Verify every date.
• Preserve nondisclosure eligibility: Ask counsel how deferred adjudication, interlock use, and no accident findings can impact eligibility. Small choices now affect your ability to seal later.
• Document compliance: Save receipts and compliance logs for interlock, classes, and testing. These support better outcomes and earlier relief eligibility.
• Plan for employer screening cycles: If your company runs an annual MVR pull, time your ALR hearing and court settings so there are no surprises. Coordinate travel if you need to appear in court.

If you prefer quick answers in a conversational format, you can also review an interactive Q&A on whether DUI records go away in Texas.

Common misconceptions to avoid

• Myth: A DWI will drop off my record after seven years. Fact: Texas does not provide automatic removal of DWI convictions from criminal or DPS records. Sealing or expunction requires specific legal outcomes and court orders.
• Myth: Nondisclosure erases everything. Fact: Nondisclosure limits public access to the criminal case. Government agencies, law enforcement, and many licensing boards can still view it, and DPS driver records remain intact.
• Myth: The ALR process is optional paperwork. Fact: ALR is a formal proceeding with strict deadlines and real consequences for your license and record.

Short callouts for different reader types

Panicked Provider: If you are a nurse or a parent who relies on driving, act within 15 days to protect your license, and be aware that some licensing boards may require disclosure and can view sealed records during renewals.

Privacy-Conscious Executive: Nondisclosure improves discretion for public searches, but it does not silence regulatory databases or news archives, so plan for reputation management and understand record sealing limits.

High-Net-Worth Client: There are more intensive options for record mitigation and confidentiality, including tight compliance, targeted case outcomes, and carefully timed nondisclosure filings.

Young & Uninformed: A Texas DWI is not just a ticket, you can lose your license if you do not request your ALR hearing within 15 days of notice.

Key legal foundations behind these rules

• Texas Penal Code Chapter 49: Defines DWI and related alcohol offenses for adults.
• Government Code Section 411.0726: Provides eligibility for orders of nondisclosure for certain DWI misdemeanors, with waiting periods that can be shorter if an ignition interlock was required. Linked above for your reference.
• Texas DPS rules and ALR process: Establish the 15 day hearing request timeline, the 40th day start for suspensions if you do not request, and typical suspension lengths of 90 days for failures and 180 days for refusals on a first contact.

How long DWI stays on record Texas, realistic timelines and what to expect

Think of your situation in three windows: immediate, mid term, and long term. Immediately, ALR is your first deadline. In the mid term, the criminal case outcome drives whether sealing or expunction will ever be possible. In the long term, employers and insurers view your record differently, so planning for background check cycles matters.

• Days 1 to 40: Request and prepare for ALR. Gather documents, check your notice date, and protect eligibility for future relief by avoiding new violations.
• Months 1 to 12: Work toward a case resolution that maximizes record relief options. If interlock is ordered and maintained for at least six months, you may shorten the eventual nondisclosure waiting period.
• Years 2 to 3 and beyond: For eligible first time convictions, nondisclosure waiting periods are often measured in years from completion of the sentence, and some are shorter if an interlock was required for at least six months. Non conviction cases may reach expunction earlier depending on filings and limitations periods.

Career focused planning for Houston Texas DWI background checks

You care about promotions, security clearances, or vendor onboarding. Here is how to limit surprises.

• Know your company’s screening policy: Some roles trigger an annual motor vehicle record pull or a new criminal check when you change project roles. Timing your nondisclosure filing with these cycles can mitigate exposure.
• Use precise language in disclosures: If a form asks about convictions, and your case was later sealed with nondisclosure, many private employers cannot ask about or rely on that sealed event. Government and licensing forms can be different.
• Track interlock and compliance perfectly: Missed calibrations or violations can create extra DPS entries and complicate sealing arguments later.

Frequently asked questions about do DUI go away in Texas

How long does a DWI stay on my record in Texas

A DWI conviction stays on your criminal record permanently. On the Texas DPS driving record, major alcohol related entries such as ALR suspensions and convictions are retained indefinitely. The only way to limit visibility is through expunction for qualifying non convictions or nondisclosure for certain first time convictions.

Will nondisclosure remove a DWI from my Texas DPS driving record

No. An order of nondisclosure seals the criminal case from most public access, but it does not seal your DPS driving record. Agencies, courts, and many licensing boards still have access to sealed criminal information, and the driver history remains part of your DPS file.

Is there a seven year rule that makes old DWIs disappear from background checks

No. In employment screening, criminal convictions can typically be reported regardless of age. The seven year discussion usually applies to certain non convictions under federal reporting rules. In Texas, sealing or expunction is what changes what most employers can see.

What is the ALR deadline after a Houston DWI arrest

You usually have 15 days from the date you received the suspension notice to request an ALR hearing. If you do not request it, the suspension usually begins on the 40th day after notice. First failures often mean a 90 day suspension, and first refusals often mean 180 days.

Can a first time DWI in Texas ever be sealed

Sometimes. If strict criteria are met, a court can grant an order of nondisclosure for certain first time DWI misdemeanors after a waiting period, which may be shorter when an ignition interlock was required for at least six months. See the linked statute for details and speak with a Texas DWI lawyer about your exact facts.

Why acting early matters

Quick, informed action protects both your license and your long term privacy. The ALR deadline arrives fast. Choices you make in the first weeks, like maintaining interlock and avoiding any new violations, can shorten future waiting periods and keep you eligible for sealing relief. If you work in a sensitive industry or hold a professional license, getting answers early helps you plan honest disclosures that also respect your privacy rights. For case specific decisions, consult a qualified Texas DWI lawyer who understands Harris County practice and DPS rules.

For a plain English overview of whether a DWI conviction can ever come off a Texas criminal record, watch this short explainer. It pairs well with the article you just read, which covers DPS timelines, the ALR 15 day deadline, and career focused next steps.

Butler Law Firm - The Houston DWI Lawyer
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