Does DUI Ever Go Away in Texas? Your Criminal Record vs. Real‑World Background Checks

No, a Texas DWI conviction does not automatically go away or fall off your criminal history, even after many years. In Texas, relief usually comes only through expunction for qualifying non-conviction outcomes, or through an order of nondisclosure that seals certain first-time DWI records from most public background checks. If you are searching for does DUI ever go away in Texas, the short answer is that a conviction stays unless you qualify for a legal remedy that removes or seals it.

Start Here: What “does DUI ever go away in Texas” really means for your life

Mike, this is the plain talk version. A DWI-type arrest in Houston sits in several places. There is a criminal history at the state and county level, and there are commercial background reports that pull from those records. Convictions stay on your Texas criminal history for life. Dismissals or not-guilty verdicts can often be expunged, which removes the arrest. Certain first-time DWI convictions may be sealed from the public with a nondisclosure, but sealing is not the same as destroying. Law enforcement, courts, and some licensing agencies will still see it. citeturn0search2

If your worry is job and family, think of your record as search results. Expunction can erase the result. Nondisclosure can hide it from most searches. Neither is automatic. Each has rules, timelines, and limits set by Texas law. citeturn0search2

Houston snapshot: what a DWI puts on your record and for how long

In Harris County and nearby counties, a DWI moves through county criminal courts. If it ends in a conviction, the conviction remains on your criminal history indefinitely. If the case is dismissed or you are acquitted, you may be eligible for expunction after waiting periods tied to how the case ended. If you receive deferred adjudication on a DWI, you may later be eligible to seal that record with a nondisclosure under specific statutes and timelines. The details below explain how long DWI lasts on record in Texas and where it shows up. citeturn0search2

• Criminal record: Convictions are permanent unless a statute allows sealing, which hides them from the general public but not from criminal justice and some licensing agencies.
• Driving record: License suspensions and points expire over time, but the criminal case history is separate. Administrative license actions can still show up for a period and may affect insurance for several years.
• Background companies: Many vendors scrape county dockets and state data. A sealed case should be suppressed from most public reports after orders take effect, though cleanup can take weeks.

For a deeper look at how a first conviction appears and for how long, see what a first-time DWI means for your record.

Key definitions in plain English

• Expunction: A court order that directs agencies to destroy or remove records of an arrest and the case. Typically available for dismissals, acquittals, and certain qualifying non-convictions. It is the cleanest remedy.
• Nondisclosure: A court order that seals criminal history from the general public. It does not erase the record, and law enforcement and select entities still have access.
• ALR: The Texas administrative license revocation process. After a DWI arrest, you usually have only a short window to request a hearing to challenge a license suspension.

For quick definitions without legal jargon, you can browse the firm’s definitions and common questions about DWI, expunction, nondisclosure.

Expunction vs. nondisclosure for Texas DWI: who qualifies and when

Here is the short, practical comparison that Houston workers ask for.

When expunction is possible

• Your DWI charge was dismissed and there is no pending refile.
• You were acquitted at trial.
• You completed a qualifying diversion or similar program that ends in dismissal.
• Waiting periods depend on the final outcome and whether there are related charges. Expunction timelines are set by Texas law outside of the DWI-specific nondisclosure statutes. citeturn0search2

When nondisclosure may be possible for DWI

• First-time DWI only. Repeat DWI convictions are not eligible for DWI-specific nondisclosure categories.
• No accident involving another person. If the State proves there was a collision involving someone else, the court cannot issue a DWI nondisclosure. citeturn1search0
• BAC under 0.15. If the DWI is the elevated BAC form punished under Penal Code 49.04(d), it is excluded from these DWI nondisclosure routes. citeturn0search7
• All sentence terms completed and no disqualifying new offenses during the wait. Texas statutes require completion of the sentence or supervision, payment of all fines and costs, and a clean waiting period. citeturn1search6

Waiting periods for DWI nondisclosure vary by how the case was handled:

• Community supervision after a conviction under Code of Criminal Procedure Chapter 42A: you can petition after 2 years if you successfully had an ignition interlock for at least 6 months, or after 5 years if you did not. citeturn1search0turn1search2
• Conviction without community supervision where you completed a straight sentence: you can petition after the 3rd anniversary if you had an ignition interlock for at least 6 months, or after 5 years if you did not. citeturn1search6

Texas codifies DWI nondisclosure rules in Government Code Chapter 411. For the core DWI misdemeanor provision, see the Texas statute on nondisclosure for certain DWI misdemeanors. It pairs with related sections that cover community supervision and straight-sentence convictions, both with interlock and without. citeturn1search0turn0search7turn1search6

Want a visual step-by-step? This post walks through the flowchart version: step‑by‑step expunction and nondisclosure eligibility guide.

What this means if you manage crews or projects

You might run jobs, coordinate subs, and bid new work. A visible DWI can create questions about site access, fleet privileges, and insurance. Sealing a qualifying first conviction can reduce exposure on public background checks that vendors or prime contractors use. It will not erase the event for police, courts, or certain boards. That is why the goal is to minimize what employers and contracting partners can see and share. citeturn0search2

Micro-story: how one Houston PM limited record exposure

A Houston project manager finished a night pour, was pulled over on Loop 610, and was arrested. He requested an ALR hearing within 15 days, kept his temporary driving privileges, and his lawyer negotiated a resolution that avoided a final conviction. After he completed terms, the case was dismissed. Months later, he petitioned for expunction, which removed the arrest from public view. He kept his safety credential and stayed on the hospital build. Every case is different, but the path shows how process and timing protect a career.

Quick comparison: expunction vs nondisclosure

• What it does: Expunction deletes, nondisclosure seals.
• Who sees it after relief: Expunction means no one should see it. Nondisclosure still allows access by law enforcement and many government or licensing entities. citeturn0search2
• Common DWI outcomes: Dismissal or acquittal can often be expunged. Some first-time DWI convictions can be sealed if they meet the statute’s requirements, which include wait times and limits for crashes and high BAC. citeturn1search0turn0search7
• Timeframe: DWI nondisclosure waits are typically 2, 3, or 5 years depending on the route and whether you had an interlock for at least 6 months. The clock starts when you complete the sentence or supervision. citeturn1search0turn1search6

Common misconception to avoid

Myth: A DWI drops off your record after 7 or 10 years. Truth: Texas does not have an automatic fall-off date for criminal DWI records. Without expunction or a qualifying nondisclosure, a conviction remains part of your criminal history indefinitely under Texas law. citeturn0search2

Practical steps to protect your job and family this month

• Mark the ALR deadline. After a Texas DWI arrest, you generally have a short window to request an ALR hearing. Missing it can trigger a driver’s license suspension. Put the date on your calendar and track delivery receipts.
• Get your paperwork. Pull your case number, charging document, and any dismissal or completion paperwork. You will need it for any expunction or nondisclosure.
• Check eligibility early. Use a statute-backed checklist for expunction or sealing. The Texas State Law Library has a plain-language overview and form links. See the State Law Library FAQ on expunctions and nondisclosure. citeturn0search2turn0search4
• Know your waiting period. If a DWI nondisclosure is on the table, confirm whether your path is 2, 3, or 5 years and whether six months of interlock was required. The specific section depends on how your case was resolved. citeturn1search0turn1search6
• Map where records show. Look at Harris County and nearby county online dockets, the DPS Computerized Criminal History, and major background providers. After sealing or expunction, run follow-up checks over several weeks to confirm suppression across vendors.
• Dive deeper with a guided Q&A. If you want to test common scenarios and timelines, try this interactive Q&A on expunction and nondisclosure eligibility to better understand the moving parts.

If you are in Houston, here is how timing usually plays out

• Days 0 to 15: Arrest, release, and ALR hearing deadline. Keep your temporary paper license if issued.
• Weeks 2 to 8: First court settings. Discovery and early negotiations. Identify whether dismissal, trial, deferred adjudication, or a plea is realistic.
• Months 2 to 12: Case resolution. Start the clock for any future expunction or nondisclosure once the court signs the dismissal or you complete all terms.
• Two, three, or five years later: If eligible, file for nondisclosure at the right anniversary date based on your case type and any interlock condition. If the case was dismissed or you were acquitted, you may pursue expunction far sooner depending on the precise outcome and any related charges. citeturn1search0turn1search6

Secondary reader callouts

Analytic Planner: You want numbers. Nondisclosure for first-time DWI generally has a 2-year wait if you completed at least six months with an ignition interlock while on community supervision, a 3-year wait if you served a straight sentence with interlock, and a 5-year wait if there was no interlock. Confirm the correct statute section for your path. citeturn1search0turn1search6

High-stakes Executive: You need discretion, speed, and tight messaging. Nondisclosure seals the case from most public searches, but law enforcement and certain boards still see it. Plan an internal communications script that focuses on transportation safety and compliance, not case details. citeturn0search2

Career Protector: There are no guarantees of erasing a conviction. If you do not qualify for expunction, sealing may still reduce exposure for HR vendors and public searches. Track every portal where your name appears and re-check after orders go through.

Carefree Young Adult: A DWI is not a ticket. It follows you if it becomes a conviction. Fines, classes, insurance hikes, and job background checks add up. The smarter move is understanding the long-term costs now and taking steps that keep options open later.

Licensed Professional: Some agencies and boards receive sealed records. If you hold a Texas license, read your board’s reporting rules and consult about disclosure and timing before you renew or apply. citeturn0search2

Houston Texas DWI record options: where most people get tripped up

• Mixing up criminal and driving records. They live in different systems. One can be clean while the other still shows administrative action.
• Waiting the wrong amount of time. The difference between 2, 3, and 5 years depends on the statute section and whether you had six months of interlock. citeturn1search0turn1search6
• Accident involvement. If the State shows the DWI involved a collision with someone else, DWI nondisclosure is off the table. citeturn1search0
• High BAC cases. If the charge is the enhanced 0.15 or higher version, it is excluded from these DWI nondisclosure categories. citeturn0search7

Background checks: what shows up and what to monitor

Employers in Houston often use national vendors that compile county, state, and federal records. Many also check your driving history for fleet clearance. After an expunction, the record should be gone. After a nondisclosure, public vendors should suppress the entry, but government entities and some licensing boards may still view it. For a practical read on this, see what employers actually see on common background checks. citeturn0search2

FAQs that Houston drivers ask about does DUI ever go away in Texas

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

Forever, unless you qualify for expunction or a DWI-specific nondisclosure. Convictions do not automatically drop off. Sealing can hide a qualifying first conviction from most public background checks, but it is not the same as deleting it. citeturn0search2

Is there any way to erase a first DWI conviction in Houston?

Texas law does not provide a true expunction for a standard DWI conviction. Some first-time misdemeanor DWI convictions can be sealed from public view if they meet strict rules, timelines, and waiting periods, including interlock requirements in many situations. citeturn1search0turn1search6

What are the usual waiting periods to seal a DWI?

They are typically 2 years after community supervision with at least six months of ignition interlock, 3 years after a straight sentence with interlock, or 5 years without interlock. The exact section depends on how your case was resolved. citeturn1search0turn1search6

Does nondisclosure hide my DWI from the police and my licensing board?

No. Nondisclosure seals a record from the general public, but criminal justice agencies and many licensing bodies still have access. Read your board rules and plan disclosures carefully. citeturn0search2

What if there was a crash or my BAC was 0.15 or higher?

Texas statutes bar DWI nondisclosure if the State proves the offense involved a crash with another person, and cases punished as 0.15 or higher are excluded from the DWI-specific nondisclosure tracks. Other relief might still exist if the case is dismissed or you are acquitted. citeturn1search0turn0search7

Why acting early matters

Speed makes a difference. Request the ALR hearing on time. Preserve options like dismissal or deferred adjudication that can later open the door to expunction or nondisclosure. Keep proof of interlock use if ordered, because six months of interlock can shorten the wait for sealing under certain sections. Finally, after the court signs any order, audit the web and background sites where your name appears and follow up until entries are corrected. citeturn1search0turn1search6

Short video: a Houston DWI lawyer explains if convictions ever come off your record

If you prefer a two minute overview, this video explains what stays on a Texas criminal record, and what expunction or nondisclosure can and cannot do for a first-time DWI. It is aimed at a worker-facing worrier who needs clear steps without legal jargon.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
View on Google Maps