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

Short answer: a Texas DWI conviction cannot be expunged, but certain DWI outcomes can be sealed with an order of nondisclosure, and dismissed or not guilty DWI cases can often be expunged. If you are asking can DWI be expunged in Texas, the key is the final outcome of your case and whether you meet Texas eligibility rules for expunction or nondisclosure.

If you were arrested in Houston or a nearby county, one more urgent point: you have only 15 days from the date of your arrest to request an ALR hearing to contest your driver license suspension. Protecting your job and insurance starts with that deadline, then planning for either expunction or nondisclosure based on how your court case resolves.

Plain-English definitions: expunction versus nondisclosure

Let us start with the vocabulary you will see on court forms and in background checks. If any definition feels fuzzy, you can also see our FAQ on record relief and common terms.

• Expunction: A court order that deletes the record. After an expunction, public agencies must destroy or return your DWI arrest records, and you can legally deny the arrest in most settings. Expunction is usually available only when there is no conviction, such as a dismissal, a no-bill, completion of a qualifying diversion that ends in dismissal, or a not guilty verdict.
• Order of nondisclosure or sealing: A court order that hides the record from most public background checks. The record is not destroyed, and some entities can still see it. But ordinary employers and apartment complexes will usually not see it after it is sealed. For certain first-time DWI misdemeanors, Texas law allows nondisclosure if you meet specific conditions and wait out a set period.

If you are a mid-career Houston professional or tradesperson trying to keep steady work, the difference matters. Expunction is the cleanest fix, but it requires a non-conviction outcome. Nondisclosure is the practical backup path when there is a qualifying first-time conviction.

Quick eligibility snapshot: can a Texas DWI be expunged or sealed?

Use this checklist to orient yourself. Then read the details that follow.

Expunction possible if

• Your DWI charge was dismissed and is not being refiled.
• You were found not guilty at trial.
• You completed a qualifying pretrial diversion that ended in dismissal.
• A grand jury returned a no-bill and the statute of limitations has run.
• You received a pardon or other rare relief.

Expunction is not available for a DWI conviction.

Nondisclosure (sealing) possible if

• This is a first-time DWI misdemeanor.
• Your BAC was under 0.15, and there was no crash with another person who suffered injury.
• You completed your sentence and paid all fines and fees.
• You have no disqualifying prior convictions, such as certain violent or sexual offenses.
• You wait the required time, which typically ranges from about 2 to 5 years depending on whether an ignition interlock was ordered and how your sentence was structured.

The nondisclosure rules for certain DWI misdemeanors come from state law. For the governing language, see the Texas statute on nondisclosure for certain DWI misdemeanors.

Houston context: court paths that lead to expunction or sealing

In Harris County, a first-time DWI usually starts in a County Criminal Court at Law. Felony DWIs, like a third or cases involving serious injury, go to District Court. The court path matters because it drives which outcomes are realistic. Here is how common outcomes connect to record relief:

• Dismissal before trial: Often expunction-eligible as soon as it is clear the case will not be refiled. If the State could refile, you may wait until the statute of limitations runs. For a misdemeanor DWI, the limitations period is often 2 years.
• Not guilty at trial: Expunction-eligible after the acquittal becomes final.
• No-bill by the grand jury in a felony DWI: Often expunction-eligible after the limitations period, if the State does not refile.
• Pretrial diversion that ends in dismissal: Usually expunction-eligible once the dismissal is final and program terms are complete.
• First-time misdemeanor DWI conviction: Not expunction-eligible, but may be nondisclosure-eligible if you meet the statute’s conditions and wait the required period.
• Deferred adjudication for certain first-time DWIs under modern Texas law: Often nondisclosure-eligible on a shorter timeline if you complied with terms and have no disqualifying priors.

Every court process is a little different across Harris, Fort Bend, Montgomery, Brazoria, and Galveston counties, but the state-law rules for expunction and nondisclosure are the same.

Micro-story: a Houston construction manager’s path to a cleaner record

Picture this: you are a construction manager in your mid-30s in Spring Branch. You get stopped after a late client dinner. You have no record, but your breath test reads 0.12. You are booked into the Harris County Jail and released the next day. You worry that the HR system at a new job site will flag your arrest and cost you a promotion.

Here is how this could play out. Within a week, you or your lawyer request the ALR hearing to protect your license. On the criminal case, an early review shows issues with the traffic stop video. The prosecutor offers a reduction or even a dismissal after you complete a program. If the case is dismissed, you can seek an expunction, which can take a few months from filing to final order. If instead you end up with a first-time misdemeanor DWI conviction with BAC under 0.15, you may aim for nondisclosure once you complete your sentence and wait the statutory period. Either way, acting within the first 15 days and matching the outcome to the right relief is what keeps career options open.

Sealing a DWI record in Texas: who is likely eligible

Here are the usual patterns we see when a Houston driver asks about sealing a DWI record Texas with an order of nondisclosure:

• First-time DWI misdemeanor with BAC under 0.15 and no crash with another person is often eligible.
• No prior convictions for disqualifying offenses. Fine-only traffic tickets usually do not count, but any assaultive or sexual offense generally blocks sealing.
• All court obligations completed, including probation, classes, and fees.
• Waiting periods: commonly two to five years from the end of your sentence. An ignition interlock requirement for at least six months may allow a shorter wait on some cases. Sentences involving jail time can change the timeline.
• Deferred adjudication in certain first-time DWI cases may have its own nondisclosure path once terms are done, provided you meet the same no-prior and no-crash rules.

For the legal scaffolding behind those bullets, see the state’s nondisclosure rules for certain DWI misdemeanors at Texas statute on nondisclosure for certain DWI misdemeanors.

Texas DWI expunction eligibility: when can you erase the arrest

If you are focused on a clean slate, you are really asking about expunction. Here are the most common ways a DWI arrest becomes expunction-eligible:

• Dismissal with no refiling: Once the prosecutor dismisses and the limitations period will not be used to refile, you can petition for expunction. For a misdemeanor DWI, the limitation is typically two years.
• Acquittal at trial: An outright not guilty leads to expunction eligibility for the charges tried.
• No-bill after a felony arrest: Often expunction-eligible after the limitation runs, absent refiling.
• Qualifying diversion that ends in dismissal: Frequently expunction-eligible after completion.

One common misconception is that a plea that avoids jail time can still be expunged later. If the outcome is a conviction, even with a light sentence, expunction is off the table. The next best option is sealing if you meet the criteria.

Background checks, privacy, and who can still see a sealed DWI

Sealing hides your DWI case from most public background checks, which helps with employment, leasing, and many professional contexts. However, a nondisclosed record is still visible to law enforcement, courts, and some licensing and government entities. If your job requires a state license or security clearance, you may have disclosure duties even after sealing. For an overview of what employers or landlords usually see, read what public records show after a DWI arrest.

Expunction, by contrast, aims to erase the record from public systems and allows you to deny the arrest in most private contexts. Some narrow exceptions apply, such as when you are testifying in a criminal proceeding or applying for certain law enforcement roles. For most Houston workers, expunction provides the deepest privacy and the easiest background check experience.

ALR: the 15-day driver license deadline and how to act

The ALR process is separate from the criminal case. After a DWI arrest, you usually receive notice that DPS intends to suspend your license. You have a short window, generally 15 days from the arrest, to request a hearing. You can file a request yourself using the state portal at Official DPS ALR hearing request and deadline information, or you can have a lawyer handle it. For a practical guide written for Texans, see how to protect your license with a timely ALR hearing.

Why it matters for record relief: ALR discovery can provide early access to police reports and videos, which helps evaluate whether your criminal case might be dismissed or reduced. That early evidence shapes whether you should aim for expunction or plan for sealing later.

Houston Texas DWI expungement process and the basic timelines

Below is a simple roadmap Houston drivers can use, with the understanding that the exact route depends on the facts and the court.

1. Arrest date: Note it immediately because it controls your ALR deadline and later eligibility windows.
2. Within 15 days: Request the ALR hearing through DPS or through counsel. Missing this date means automatic suspension is likely.
3. During the first 30 to 90 days: Gather discovery, review videos, and pursue dismissal or reduction if issues exist. Early decisions often decide whether expunction will be possible.
4. If your case is dismissed or you are acquitted: Prepare an expunction petition. Depending on the scenario, you may file immediately or after the limitations period.
5. If you receive a first-time misdemeanor DWI conviction or qualifying deferred: Calendar your nondisclosure waiting period. Many first-time cases fall in the two to five year range, often shorter if you had an ignition interlock for at least six months.
6. When your waiting period ends: File a petition for an order of nondisclosure. Expect a short hearing in many courts and a final signed order if you qualify.

If you want more depth on persistence of records over time, here is a focused explainer on the timeline for how long a DWI remains on your record.

What counts as a “first-time DWI” for nondisclosure

Texas law uses a broad look-back. A prior DWI or DUI from another state can sometimes count against you. So can certain intoxication offenses related to boating or flying. Fine-only traffic tickets usually do not hurt you, but an assault, family violence, or any registrable offense typically knocks you out of eligibility. If a crash caused injury to another person, nondisclosure is usually off the table even for a first-time conviction. The safest approach is to list every prior arrest or case anywhere in the U.S. during your eligibility review.

Deferred adjudication DWI and sealing

Modern Texas law permits deferred adjudication for some first-time DWI cases. If you successfully complete deferred and have no disqualifying priors, you may be able to seek nondisclosure after a shorter wait than a straight conviction. You still must meet the core conditions, including the BAC threshold and the no-injury requirement. Keep in mind that deferred is not expunction for DWI, but it often positions you for sealing rather than a permanent public conviction record.

Costs, timeframes, and what to expect during the petition

Both expunction and nondisclosure involve filing a petition, serving agencies, and often attending a short hearing. Filing fees vary by county and by the number of agencies to notify. In Harris County, a straightforward expunction or nondisclosure is often resolved in a few months from filing to final order, although timelines vary with court workload and holiday calendars. After the order is signed, agencies need time to update their systems, so do not expect instant removal on every database. Many background check vendors update monthly or quarterly.

For different kinds of readers

Analytical Professional: If you like numbers and decision trees, focus on these anchors. Waiting periods for DWI nondisclosure often land at two, three, or five years depending on your sentence and whether you had an ignition interlock for at least six months. Misdemeanor DWI limitations are commonly two years, which is why some expunctions file immediately while others wait. The biggest disqualifiers for nondisclosure are BAC 0.15 or higher, a crash with another person, and any prior disqualifying conviction.

High-stakes Executive: Sealing dramatically reduces online visibility and routine HR hits. Government and licensing bodies can still access sealed records, but most private employers and landlords cannot. If confidentiality and speed matter, plan backward from the waiting period and build in extra time for data brokers to update after the court signs your order.

Careful Nurse (Licensure-focused): Even with a sealed record, the Board may expect disclosure in renewals or investigations. Your ALR decision within 15 days also affects your ability to keep working without interruptions. Document every class, lab result, and compliance step so you can present it cleanly if your licensing body asks.

Unaware Young Driver: Expunction deletes the record so regular people will not see it. Nondisclosure hides it from most background checks, but police and some agencies still can see it. A conviction cannot be expunged, so the best way to keep your record clean is to fight for a dismissal or acquittal if your facts and the law support it, or plan to seal if you qualify under the first-time rules.

Common misconceptions and how to avoid expensive mistakes

• Misconception: Any DWI can be expunged after a few years. Reality: A DWI conviction cannot be expunged in Texas. Only nondisclosure may be available for certain first-time misdemeanors.
• Misconception: If I pay my fines and finish probation, the record disappears automatically. Reality: Record relief is not automatic. You must file a petition and get a signed court order.
• Misconception: The ALR process does not matter if I plan to seal later. Reality: ALR evidence and deadlines can impact both your driving privileges and the strength of your criminal case. Preserve your rights within 15 days.
• Misconception: Sealing hides the case from everyone. Reality: Sealed records are still visible to certain agencies, courts, and licensing bodies.

What employers and background check companies actually see

In day-to-day Houston hiring, a sealed first-time DWI should not appear on most private background screens. An expunged arrest should not appear at all. That said, not every database updates at the same pace. Following up after your order is wise. During interviews, be truthful about what you must disclose to a public employer or a licensing board, and remember that expunction and nondisclosure are different legal tools.

FAQ: key questions about can DWI be expunged in Texas

Can a DWI conviction be expunged in Texas?

No. A DWI conviction cannot be expunged in Texas. If it is a qualifying first-time misdemeanor, you may be able to seal it with an order of nondisclosure after a waiting period.

When can a dismissed DWI be expunged in Houston?

If your misdemeanor DWI is dismissed and will not be refiled, you can usually petition for expunction right away. Some people wait until the two-year limitations period ends to be extra safe about refiling risk.

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

A conviction can remain indefinitely unless sealed, and even then certain agencies can still see it. For a deeper dive, see this overview of the timeline for how long a DWI remains on your record.

What are the typical waiting periods to seal a first-time DWI in Texas?

Waiting periods commonly range from about two to five years after you finish your sentence. Cases with an ignition interlock for at least six months can qualify on the shorter end. The exact bracket depends on your sentence structure and other statutory factors.

Does sealing hide my DWI from all employers and state boards?

No. Nondisclosure generally hides your case from most public background checks and many private employers. Law enforcement, courts, and certain government and licensing entities can still access the record.

What should I do within 15 days of a DWI arrest in Houston?

Request an ALR hearing to contest your license suspension and preserve evidence. You can use the state portal at Official DPS ALR hearing request and deadline information and read a practical guide on how to protect your license with a timely ALR hearing.

Why acting early matters if you are supporting a family

In the first two weeks after a DWI arrest, you set the course for your license, your case strategy, and your long-term record. That is why the ALR request, the early video review, and an eligibility check for expunction or nondisclosure all happen right away. If you manage crews or clock in at job sites, keeping your license active and your background clean can be the difference between steady income and missed work. Early, informed moves are what open the door to dismissal and expunction or position you to seal the case as soon as the law allows.

If you want a neutral walk-through that you can pause and replay, consider this short video. It covers how long a DWI can sit on your record, why expunction is different from sealing, and what a first-time Houston driver can realistically expect.

Optional deep dive: If you have a unique fact pattern and want a neutral walk-through of scenarios, explore this interactive Q&A for readers with case-specific expunction questions.

One-line checklist so you can start today

Gather your arrest paperwork, temporary driving permit, breath or blood test documents, and any video links, calendar the 15-day ALR deadline, list all prior cases anywhere, note interlock usage and dates, then talk with a qualified Texas DWI lawyer about expunction versus nondisclosure options that fit your outcome and timeline.

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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