Record Relief in Texas: Can DUI Be Expunged or Sealed?

The short answer is this: a Texas DWI or adult “DUI” conviction cannot be expunged, but certain first‑time DWI convictions can be sealed with a court‑ordered nondisclosure if you meet strict requirements. Arrests that end in dismissal, no‑bill, or not‑guilty can often be expunged, which deletes the record from public view. If you are searching “can DUI be expunged in Texas,” start by sorting whether your situation is a conviction or a non‑conviction, because that controls what relief is even possible.

You are likely worried about work, insurance, and your family, and you want a clear plan. This guide explains expunction versus nondisclosure in plain English, Houston‑specific process points, timelines, and what you can do this week to protect your license and your future.

Quick answer in plain English: expunction versus nondisclosure for Texas DWI

Expunction is record destruction. It is usually available only when the DWI never became a conviction, for example if charges are dismissed, you are acquitted, or the case is never filed and the statute of limitations runs. Once expunged, typical public background checks should not show the arrest.

Nondisclosure is record sealing. The record still exists, but most private background checks and many employers cannot see it. Some agencies, courts, and licensing boards still can. Nondisclosure is the path state law gives to many first‑time DWI convictions if you qualify.

If you want a quick refresher on the vocabulary we will use, see these differences between expunction and nondisclosure explained.

You are not alone. If you are a working parent in Houston, your goals are to keep your job, keep driving, and keep your record as clean as the law allows. That is exactly what the rest of this article covers.

DUI versus DWI in Texas, and why the label matters

Texas uses the term DWI for adults charged under Penal Code 49.04. The term DUI in Texas is typically reserved for minors under 21 under Alcoholic Beverage Code 106.041. Many people still type “DUI” into Google even when the case is an adult DWI. The label matters because relief rules are written to the specific statute. When this article says “DWI” we are talking about the adult offense that most Houston drivers face.

If you are a Houston‑area parent thinking about insurance and promotions, focus on the statute number on your paperwork. That is what determines whether expunction or sealing is on the table.

When a Texas DWI can be expunged

In most adult cases, convictions cannot be expunged. Expunction is realistic when the DWI is a non‑conviction. Common non‑conviction routes include:

• Dismissed case. The prosecutor dismisses the DWI, sometimes after a pretrial diversion program or because the evidence falls apart.
• No charges filed. You were arrested, but charges were never filed, and the statute of limitations expired.
• No‑billed. A grand jury declines to indict a felony DWI charge.
• Not‑guilty verdict. You go to trial and win an acquittal.
• Pardon. Rare, but a pardon can also open the door to expunction.

Micro‑story: Mike, a mid‑career technician in Harris County, faced a DWI after a stop on Highway 290. The blood test was suppressed, and the state dismissed his case. Because there was no conviction, he pursued an expunction to clear the arrest from public view. He later passed an internal promotion background check without the DWI popping up.

Timing the filing can vary by outcome and level of charge. Some dismissals can be expunged soon after the case ends. Other situations require waiting until the statute of limitations expires. A qualified Texas DWI lawyer can review the disposition documents and calculate the right filing window for your county.

Texas nondisclosure for DWI convictions: can a DWI be sealed

If you ended with a conviction, expunction is off the table, but sealing may still be possible through an Order of Nondisclosure. Texas law creates two main nondisclosure paths for DWI, one for certain first‑time convictions and another for certain deferred adjudications. The specifics are technical, but here are the takeaways most Houston drivers need:

• First‑time DWI conviction. Many first‑time DWI convictions under Penal Code 49.04 that did not involve an alcohol concentration of 0.15 or more and did not involve a crash with another person may be eligible to be sealed after you complete your sentence and wait the statutory period. The court also checks that you meet the general nondisclosure requirements in Government Code 411.074.
• Deferred adjudication for DWI. If you received deferred adjudication community supervision on a qualifying DWI and later earned a discharge and dismissal, a separate nondisclosure path may apply, again subject to BAC, accident, and other limitations.

For the legal backbone, see the Texas statute on nondisclosure for certain DWI convictions. It sits in the same subchapter as the related provisions that govern deferred adjudication and conviction‑based sealing for DWI and spell out BAC limits, accident exclusions, and waiting periods. If you prefer a data point, the statute tells the judge to issue the order if you satisfy Section 411.074 and the specific DWI subsection, which is a clear, written standard.

Analytical tip for the data‑minded reader: the eligibility screen often turns on three questions, was your BAC under 0.15, was there a collision involving any other person, and do you have disqualifying priors beyond fine‑only traffic tickets. Answer those and you will know if sealing is even possible.

Executive discretion note for sensitive careers: even with a nondisclosure in place, select criminal justice and licensing bodies can still view the record. For many employers and consumer reporting agencies, however, the sealed DWI will no longer appear.

Eligibility timelines and when nondisclosure becomes available

Waiting periods depend on what happened in court and whether you used an ignition interlock device. While every case is unique, these rules are typical across Texas:

• First‑time DWI conviction. Many drivers can petition to seal the record on the third anniversary of completing the sentence if they complied with a six‑month ignition interlock condition, or on the fifth anniversary if no interlock was ordered for that period.
• Deferred adjudication on DWI. Many drivers can petition on the second anniversary after successful completion if they complied with a six‑month interlock condition, or on the fifth anniversary if they did not have that interlock condition.
• Dismissed or acquitted cases. Expunction timing can be immediate or it can track the statute of limitations if charges were never filed. Your disposition paperwork controls.

If you want a deeper dive on durations that affect jobs and insurance, see our short read on typical timelines for how long a DWI remains.

Two common disqualifiers are worth repeating. If your DWI involved a motor vehicle collision with another person, including a passenger, courts are blocked from issuing nondisclosure in many situations. Also, cases enhanced for an alcohol concentration of 0.15 or more are typically excluded from the first‑time DWI sealing statute. These are bright‑line rules that stop many petitions before they start.

Protect your Texas driver license now: the 15‑day ALR window

Record relief is only part of the picture. After a DWI arrest, Texas starts a fast administrative clock that can suspend your license before your court case is resolved. If an officer served you a notice of suspension, you generally have 15 days from the date the notice was served to request a hearing. Miss that window and the suspension usually starts on the 40th day. For mailed notices, the request window is 20 days from the mailing date. All of this runs independently of your criminal court dates.

If you are staring at a new arrest and trying to keep driving to work, learn exactly what to do about the 15‑day ALR license deadline and file your request. You can also use the Official DPS portal to request an ALR hearing. The DPS site confirms these deadlines and notes that a timely request can keep you on the road while the hearing is pending.

As a working parent, this step keeps your commute intact while you evaluate expunction or nondisclosure later. It is a concrete action you can take today.

Jobs, insurance, and background checks in Houston

Most consumer background checks pull from public court and arrest databases. A DWI conviction is public in Texas and shows up for years because convictions do not expire. Sealing with an order of nondisclosure hides the record from many background check providers, though it remains visible to criminal justice agencies and certain licensing bodies. Expunction goes further by requiring agencies to remove the record from public release.

If you want to see how these entries look in practice, here is a quick overview of how DWI records appear to employers and background checks. You can use that guide to prepare for HR screenings, professional licensing renewals, and insurance questions.

For Houston workers, the difference between a public conviction and a sealed case is often the difference between further interviews and an automatic rejection by an applicant tracking system. That is why understanding expunction versus nondisclosure is more than legal fine print. It is about paychecks and stability for your family.

Examples: what relief might look like in real Houston scenarios

• Arrest dismissed. You were stopped near the Galleria, video is weak, and the state dismisses the DWI. If there is no conviction and no other disqualifier, expunction may be available after the court’s dismissal, or after the limitation period if required. That clears the arrest from public view.
• First‑time conviction, BAC under 0.15, no crash. You completed probation in Harris County, paid fines, and finished classes. After the waiting period, you may petition for an order of nondisclosure. If granted, most private background checks will no longer show the case.
• Reduced charge. Your DWI is reduced to Obstruction of a Highway or another non‑DWI misdemeanor, then dismissed after a program. Depending on the outcome, expunction may be back on the table because there is no DWI conviction, but the timeline can hinge on whether and when the reduced charge was dismissed.
• High BAC or crash. You had a reported BAC of 0.16 or a collision with another person. The first‑time DWI sealing statute will likely exclude you. Other legal strategies may exist, but standard DWI nondisclosure is usually not available.

Each of these turns on paperwork details. Still, you can see how the eligibility questions funnel to the same checkpoints. That is good news because it means you can quickly gauge the range of outcomes.

Side notes for different readers

Analytical Professional: you may want exact statutes and clocks. The DWI nondisclosure scheme lives in Texas Government Code Chapter 411 Subchapter E‑1. First‑time DWI conviction sealing uses a three‑ or five‑year waiting period tied to interlock compliance. Deferred adjudication DWI sealing uses a two‑ or five‑year period with a similar interlock rule. Both routes require satisfying general limits in Section 411.074 and typically exclude BAC 0.15 or higher and crashes involving another person.

High‑stakes Executive: discretion matters. Nondisclosure removes the case from most private background checks used by employers and vendors. Select entities still have access, including law enforcement and certain licensing boards. Ask about tailored approaches to protect confidentiality while meeting board reporting obligations.

Unaware Young Adult: DUI is not just a ticket. Even a first arrest can ripple through school, work, and insurance. Learn the difference between expunction and nondisclosure now so you do not miss a deadline that could protect your future.

Frequently asked questions, Houston edition

These are the issues Houston drivers most often ask about. They are written for quick answers you can use today.

Key Questions Houston Drivers Ask About can DUI be expunged in Texas

Can a DWI conviction be expunged in Texas?

No. In Texas, expunction is reserved for non‑convictions like dismissals, no‑bills, or not‑guilty verdicts. A standard adult DWI conviction cannot be expunged, but many first‑time convictions may be eligible for an order of nondisclosure after a waiting period.

When can I try to seal a first‑time DWI in Texas?

If you meet the requirements, many first‑time DWI convictions can be sealed on the third anniversary of completing the sentence with six months of ignition interlock, or on the fifth anniversary without that interlock condition. Deferred adjudication cases often use a second or fifth anniversary, depending on interlock use. BAC of 0.15 or more and crashes with another person usually disqualify.

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

A DWI conviction does not fall off your record with time. Without nondisclosure, it remains public indefinitely. With nondisclosure, most private background checks can no longer report it after the court grants the order.

Does sealing hide the case from all employers and agencies?

No. An order of nondisclosure blocks many private background checks, but criminal justice agencies and certain licensing bodies can still access the record. That is why some regulated professions still require disclosure even after sealing.

What if my DWI was reduced or dismissed in Houston?

If the final result is a dismissal or you are acquitted, expunction may be available. If the case is reduced to a different offense and then dismissed, expunction may still be possible, but the timeline depends on the reduced charge and the limitation period.

Why acting early matters in Houston DWI cases

Three reasons. First, the ALR clock is short. You usually have 15 days from when you were served notice to request a hearing, or the suspension starts on day 40. Second, evidence moves fast in Harris County. Video, dashcam data, and blood records are easiest to track in the first weeks. Third, the sooner you know whether expunction or nondisclosure is realistic, the sooner you can make job and insurance plans.

For a step‑by‑step roadmap, many Houston drivers appreciate a simple sequence: protect your license, collect your paperwork, then evaluate record relief. If you want a guided walk‑through, try this optional, interactive resource for deeper reading on eligibility, timelines, and what the court looks for: interactive Q&A: expunction and nondisclosure eligibility.

Below is a brief video overview that answers the same core question in straightforward terms. It pairs with the examples above and the checklist that follows.

Simple next‑steps checklist

• Check your ALR deadline. If you were served notice at arrest, count 15 days. If DPS mailed notice, you may have 20 days from the mailing date. File your request promptly through the Official DPS portal to request an ALR hearing.
• Collect your case paperwork. Grab your complaint or information, bond conditions, any interlock orders, and the final disposition. These documents decide whether expunction or nondisclosure applies.
• Evaluate eligibility. Ask yourself, was there a conviction, was BAC under 0.15, was there any crash involving another person, and did you use an ignition interlock for six months. Those answers point to expunction or sealing options under Chapter 411.
• Plan around your work calendar. If sealing looks possible, mark the second, third, or fifth anniversary dates that apply and set reminders to start early so you have time to gather proof of completion and interlock compliance.
• Talk with a qualified Texas DWI lawyer. Every case is different, and local practice in Harris County and nearby counties can affect timing and paperwork. A short consultation can keep you from missing a deadline or filing the wrong petition.

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
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