How Long Does a DWI Stay on Your Record in Texas?

A Texas DWI can stay on your criminal record permanently, and the same event will also appear in your Texas Department of Public Safety driving record as part of your complete history. The only ways to limit public access are record sealing under the Texas nondisclosure statutes or expunction in limited situations, which depend on how your case ends. If you are a Houston professional worried about career and licensing fallout, the key is understanding what shows up where, how long it stays, and what steps you can take to manage exposure.

Short answer first, then the details

• Criminal record: A DWI conviction in Texas does not “drop off.” It remains unless you obtain relief, usually through a nondisclosure order if you qualify. Expunction is available only when there is no conviction, such as certain dismissals or acquittals.
• Texas DPS driving record: DPS offers complete driver histories that include all crashes, convictions, and suspensions in your record. A DWI conviction, refusal suspension, or ALR entry can appear on those complete histories long term, which is why employers and insurers may see it.
• What changes the outcome: The difference between arrest, dismissal, deferred adjudication, and conviction. Eligibility for nondisclosure or expunction depends on those outcomes and on statute specific rules.

You are looking for clear, statute based answers. The sections below explain the criminal record versus the DPS driver record, the ALR 15 day deadline, and the limited record clearing paths under Texas law.

Texas DWI in plain English

Under Texas law, a person commits DWI if he or she operates a motor vehicle in a public place while intoxicated. Intoxication can mean loss of normal use of mental or physical faculties or a blood alcohol concentration of 0.08 or greater. For primary definitions and offenses, see Texas Penal Code Chapter 49 (DWI statutes and definitions). First offense DWI is typically a Class B misdemeanor, enhanced if the alcohol concentration is 0.15 or more, and repeat or aggravated scenarios can become felonies. For a short, practitioner friendly summary of how a conviction affects jail exposure, fines, and collateral consequences, you can also review our internal overview of Texas DWI penalties and conviction effects.

For the Practical Worried Professional: You want certainty about visibility on Houston background checks and your DPS record. The answer depends on the court result and the separate administrative license process. The next sections lay out timelines you can rely on when speaking with HR, credentialing, or an insurance carrier.

Criminal record versus DPS driving record

Think of your footprint in two systems that share information but serve different purposes.

• Criminal record: Your arrest and case history live in state and county criminal databases. Employers, professional boards, and landlords typically use criminal background checks that search those repositories. Whether the record shows an arrest, a dismissal, a deferred adjudication, or a conviction depends on how your case ends. For a deeper dive on what shows up, see our explainer on whether a DWI shows up on criminal background checks.
• Texas DPS driving record: DPS maintains your driver history. The complete and certified complete histories list all crashes, moving and nonmoving violations in your record, and the abstract adds all suspensions. A DWI conviction or ALR suspension can appear on these complete histories long term because DPS keeps serious safety related violations and suspensions to protect the public and to manage licensing decisions.

What Houston employers really pull: Many HR teams pull both a criminal background report and, for driving roles, a DPS motor vehicle report. Health care credentialing, energy contractors with site access, and rideshare platforms often review both. If your role involves operating a company vehicle or visiting regulated sites in Harris County or nearby counties, assume both reports might be reviewed.

What background checks in Houston often reveal

• Arrest only: Shows as an arrest. If the case is later expunged, the arrest can be removed from public records. If the case is nondisclosed, most private background companies are blocked from reporting it, although certain government entities can still see it.
• Deferred adjudication for eligible DWI: This can be sealed later with a nondisclosure under Texas Government Code rules if you meet the waiting period and criteria. Until sealed, it can still appear on many background checks.
• Conviction: Remains on your criminal history unless sealed under a limited statute, and it remains on complete DPS driver histories as a conviction. It is also usable for future criminal enhancements.

From arrest to what ends up on your record

Here is a general Houston timeline showing when entries are created and how long they matter.

• Arrest day: If breath or blood is requested and you refuse, the officer serves you a notice of suspension for the Administrative License Revocation process. You have 15 days from service of that notice to request a hearing. If you provide a specimen and it later tests 0.08 or higher, DPS mails a notice and a different 20 day hearing request window applies.
• Within 40 days of service if no hearing is requested: The ALR suspension starts on the 40th day after the notice.
• Court case outcome: Dismissal can set you up for expunction. Deferred adjudication on eligible DWI can set you up for nondisclosure after a waiting period. A conviction becomes a permanent criminal entry unless later sealed under a limited statute, and it also appears on your DPS record as a conviction.
• Future impact: Texas law allows old DWI convictions to be used for certain enhancements and for licensing decisions. There is no automatic drop off from your criminal record or your complete DPS record.

For a structured overview of consequences by outcome, see our overview of Texas DWI penalties and conviction effects.

ALR 15 day checklist for Texas drivers

Missing the ALR deadline creates avoidable risk to your license and your job. Here is a quick checklist built for busy professionals who need a clear plan.

• Mark your calendar: Count 15 days from the date you were served the DIC 25 suspension notice at arrest. That is your window to request a hearing. If you only get a mailed notice after a blood test result, follow the separate 20 day window stated in the letter.
• Request the hearing in writing or online: Use the DPS ALR portal or follow the instructions on the notice. The official program page explains deadlines and what a hearing involves. See the Texas DPS ALR program overview and hearing deadlines.
• Document everything: Keep the notice, any temporary permit, and the receipt showing your hearing request was submitted on time.
• Plan for work travel: If a suspension takes effect, ask about an occupational license so you can drive to work, school, and household duties.
• Get oriented on the steps: If you need a simple primer on what to do next in Houston, read our guide on steps to secure DWI representation and ALR deadlines.
• Want an in house playbook: Our ALR explainer covers the 15 day request, what to expect at SOAH, and how an ALR win affects your case strategy, including discovery and dismissal opportunities. Start with the firm’s ALR 15-day hearing checklist and license-suspension steps.

For Blue collar provider (Mike): If you drive for work in Harris County or nearby counties, protecting your license keeps paychecks steady. Request the ALR hearing within 15 days, keep proof of the request, and ask about an occupational license if needed so you can keep working while the case moves forward.

DWI on a Texas driving record

What DPS keeps: DPS makes several driver record types available. The complete and certified complete histories list “all crashes and all moving and nonmoving violations in the record,” and the abstract adds “all suspensions in the record.” That means a DWI conviction and any ALR or conviction based suspension can appear on those complete histories many years later, not just three years.

How long: Texas rules allow DPS to keep conviction and suspension information for safety and licensing purposes as long as it remains relevant to licensing decisions. As a practical matter, a complete DPS abstract is a lifetime history unless the department removes specific items by administrative authority. Insurers often rate a DWI for three to five years, but DPS’s complete record can show the old event long after your insurance rates settle.

How this affects you: If your Houston job requires a company car, site access at plants in Baytown or Pasadena, or security clearances that request a motor vehicle report, expect a complete abstract to be pulled. Be prepared to explain the event, the age of the record, and what you have done since then to maintain safe driving.

DWI on a Texas criminal record

Arrest and case entries: An arrest generates a criminal entry. What remains visible depends on how the case ends. A dismissal or not guilty sets up possible expunction, which can remove the arrest from public records. Deferred adjudication and certain first offense convictions can be sealed from public view under specific nondisclosure statutes after a waiting period. A final conviction that is not eligible for nondisclosure stays visible to the public permanently.

Enhancement and future cases: Texas law allows prior alcohol related convictions to enhance punishment ranges in later DWI cases and in some other intoxication offenses. There is no automatic expiration that prevents their use for enhancement. This is one reason employers and licensing boards treat even old DWIs seriously.

Micro story: A mid career Houston engineer was arrested for DWI after a client dinner. He requested the ALR hearing within the 15 day window, the blood test later came back under the legal limit, and the prosecutor dismissed the case. Because there was no conviction, he was able to seek an expunction after the waiting period. HR stopped seeing the arrest in routine background checks, which preserved his project management role. The same steps would not have worked if there had been a conviction.

Record sealing and expunction in Texas, in one page

• Orders of nondisclosure for eligible DWI convictions: For a first DWI conviction without a 0.15 or higher alcohol concentration and without an accident involving another person, a person on community supervision who completes all terms may petition for nondisclosure after a waiting period, which is shorter if an ignition interlock was imposed for at least six months. This sealing blocks most private background checks but still allows access for government and licensing agencies.
• Deferred adjudication DWI nondisclosure: Texas allows deferred adjudication for certain DWI misdemeanors. If you successfully complete deferred and meet statutory conditions, you can petition for nondisclosure after a two year waiting period measured from the date you complete deferred, provided the case did not involve a crash with another person.
• Expunction: Only available when there is no conviction, such as a dismissal, a not guilty, or certain no bill outcomes. Expunction is stronger than nondisclosure because it removes the arrest from public records and lets you deny the occurrence in most settings.

For High net worth (Marcus/Chris): If a past first offense DWI is limiting board appointments or executive onboarding screens, a targeted nondisclosure petition can reduce public visibility after the waiting period. If the case ended in a dismissal or not guilty, an expunction removes it entirely. Treat these as complementary tools to manage reputational risk.

Professional license and HR risks in Houston

For Careful specialist (Elena/Sophia): Hospitals, refineries, and regulated employers in the Houston area use layered background checks. A nondisclosure order will usually block reporting to most private employers, but government and licensing bodies can still see the record. Medical, engineering, teaching, accounting, and maritime credentials may require self reporting of certain arrests or convictions. Read the fine print. If you have credentialing or board renewals coming up, a clear plan can often avoid surprises.

Common misconceptions to avoid

• Misconception: A Texas DWI falls off your record after seven or ten years. Reality: There is no automatic drop off for the criminal case or the complete DPS driver record. Relief requires a specific legal remedy after specific conditions are met.
• Misconception: If I win my criminal case, I cannot have a license suspension. Reality: The ALR suspension is a separate civil process with its own deadlines and hearing rules. You can win one and lose the other.
• Misconception: Sealing equals erasing. Reality: Nondisclosure seals a record from most public requests, but government and licensing agencies keep access. Expunction, when available, removes the public record entirely.

Statutes and rules that shape these timelines

• DWI definitions and offense levels: Refer to Texas Penal Code Chapter 49 (DWI statutes and definitions) for the operative elements and enhancements.
• ALR process and deadlines: The Department of Public Safety explains the 15 day and 20 day hearing request windows, and that suspensions typically begin on the 40th day if no hearing is requested.
• Nondisclosure for certain first DWI convictions: Texas Government Code authorizes nondisclosure after completion of community supervision with a two year waiting period if you complied with an ignition interlock for at least six months, or a five year period without that condition.
• Nondisclosure for DWI deferred adjudication: Texas Government Code authorizes a two year waiting period after completing deferred adjudication for eligible DWI cases, subject to exclusions such as crashes involving another person.

Houston Texas DWI background checks, hiring, and insurance

For Analytical buyer (Daniel/Ryan): Expect HR to rely on both the criminal history report and a DPS motor vehicle report if driving is part of your role. Insurance carriers commonly rate a first DWI for three to five years, which means premium spikes during that window. A nondisclosure limits most private reporting on the criminal side after the waiting period, but it does not change what DPS can show in a complete driver abstract.

What to do this week if you were just arrested

• File the ALR hearing request within 15 days of service of the DIC 25 notice or within 20 days of the mailed notice if your case involves a later blood test result.
• Calendar the 40th day after notice since that is when a suspension typically begins if no hearing is set.
• Gather paperwork: notice, temporary permit, tow receipt, and any bond paperwork. Create a timeline of the stop and testing.
• Ask early about an occupational license so your commute and family obligations are covered if a suspension starts.
• Consider a professional consultation with a Texas DWI lawyer to tailor options. Early advice can preserve defenses and position you for expunction or nondisclosure if outcomes allow.

Short notes for every reader type

Blue-collar provider (Mike): The ALR hearing deadline is 15 days from notice. Save proof of your request. An occupational license can keep you driving to work while the case is pending.

Careful specialist (Elena/Sophia): Check your board rules for self reporting. A nondisclosure helps with private background checks but does not stop regulator access.

Analytical buyer (Daniel/Ryan): Read the statute before you act. Penal Code Chapter 49 defines the offense. Nondisclosure waiting periods are measured from completion of community supervision, shorter with an ignition interlock condition.

High-net-worth (Marcus/Chris): Sealing a qualifying first offense can reduce corporate due diligence friction. If the case was dismissed, expunction may provide a cleaner path.

Unaware younger reader (Tyler/Kevin): The biggest early risk is a license suspension if you miss the 15 day ALR window. Fines, court costs, and insurance increases stack up fast, so act within the first few days.

Frequently asked questions about how long a DWI stays on your record in Texas

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

Indefinitely. There is no automatic drop off. Relief comes through expunction when there is no conviction, or through an order of nondisclosure for certain first offense scenarios after a waiting period. Government and licensing agencies can still access sealed records.

How long does a DWI stay on a Texas driving record?

DPS complete driver histories list all crashes, convictions, and suspensions in your record. A DWI conviction or ALR suspension can appear on those complete histories long term. Insurance companies often rate the event for three to five years, but the DPS abstract may show the conviction much longer.

Is there a difference between an arrest, a deferred adjudication, and a conviction on my record?

Yes. An arrest can sometimes be expunged if the case is dismissed or you are acquitted. Deferred adjudication for eligible DWI may be sealed after a waiting period if you meet statutory criteria. A conviction remains publicly visible unless sealed under a limited nondisclosure statute, and it still appears in DPS complete driving records.

What are the ALR deadlines after a Houston DWI arrest?

If you were served a suspension notice at arrest, you generally have 15 days to request a hearing. If DPS later mails a notice after a blood test result, that notice carries a 20 day request window. If no hearing is requested, the suspension usually begins on the 40th day after notice.

Can a first DWI ever be sealed in Texas?

Sometimes. A first DWI conviction with a BAC under 0.15 and no accident involving another person can be eligible for nondisclosure after completing community supervision and waiting two years if you complied with an ignition interlock for at least six months, or five years without that condition. Certain disqualifiers apply.

Why acting early matters

For a Houston professional, time is leverage. Acting within days protects your license through the ALR process, preserves evidence that can lead to a dismissal, and keeps future options open for expunction or nondisclosure. Waiting closes doors. A few calendar entries and one timely hearing request can make the difference between a short term problem and a long term career obstacle.

Video explainer for Houston professionals

Prefer a quick walkthrough of how convictions, dismissals, and sealing affect criminal history and DPS records in Texas? This short Butler team video explains what stays on your record, what can be cleared, and the practical next steps for working professionals.

Butler Law Firm - The Houston DWI Lawyer
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