Can You Clear a DWI from Your Record in Texas?

Facing a DWI (Driving While Intoxicated) charge in Texas can feel like a storm you’ll never get out from under. Whether you’re a student, a working professional, or a parent providing for a family, that one arrest may seem like it’s permanently stamped on your future. Background checks for jobs, housing, school applications, and even volunteering can all be affected.

So, is there a way to erase that DWI arrest or conviction from your history? The answer, as with many things in Texas criminal law, depends on the specifics of your situation.

At Zendeh Del & Associates PLLC, we help individuals across Galveston and the surrounding areas understand their legal options and move forward with their lives. This blog breaks down when a DWI can be removed (expunged) from your record and when other options like sealing your record might apply.

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What Does “Expungement” Mean in Texas?

In Texas, expungement—also known as expunction—is a legal process that permanently removes a criminal charge from your record. Once an expungement is granted, it’s like the arrest or case never happened. You are legally allowed to deny the arrest or charge ever occurred, even under oath.

However, Texas has strict limitations on what kinds of offenses qualify for expungement. And unfortunately, most DWI convictions do not fall under those categories.

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Can a DWI Be Expunged in Texas?

Here’s the reality: a DWI conviction in Texas typically cannot be expunged. However, if your case was dismissed, you were found not guilty, or you were never formally charged, you may be able to file for expunction.

And thanks to changes in Texas law under the Second Chance Law (House Bill 3016), certain first-time DWI convictions that meet specific criteria may be eligible for record sealing, which, while not as strong as expungement, still offers important privacy protections.

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You Might Qualify for DWI Expungement If…

1. Your Case Was Dismissed

If your DWI case was dropped by the prosecutor or dismissed by the judge, that’s a good sign. Whether due to insufficient evidence, constitutional violations (like an unlawful stop), or procedural issues, a dismissal often makes your arrest eligible for expungement.

Examples of why a DWI might be dismissed include:

• The breath test machine was malfunctioning

• Field sobriety tests were administered incorrectly

• Your rights were violated during the arrest process

• The officer lacked probable cause to stop your vehicle

Important note: Even if your charge was reduced to a lesser offense—like reckless driving—and you were convicted of that lesser charge, the original DWI arrest cannot be expunged. Any conviction connected to the DWI arrest eliminates expungement eligibility.

You will typically need to wait for the statute of limitations to expire before you can file for expungement after a dismissal. For misdemeanors, this is usually two years, and for felony-level DWIs, it’s three years or more.

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2. You Were Found Not Guilty

If your case went to trial and you were acquitted, you are immediately eligible for expungement. This is true even if the jury took hours or days to deliberate—it’s the result that matters.

In this situation, the judge or jury determined that the prosecution could not prove beyond a reasonable doubt that you were intoxicated while operating a vehicle. Your attorney may have challenged:

• The legitimacy of the traffic stop

• The accuracy of BAC (Blood Alcohol Content) testing

• The officer’s interpretation of field sobriety test performance

Unlike dismissed cases, you don’t have to wait for a statutory period to expire. You can file a petition for expunction right away after your Not Guilty verdict.

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3. You Were Arrested but Never Formally Charged

Not every arrest leads to charges. Sometimes, the district attorney (DA) decides not to prosecute due to insufficient evidence, lab errors, or time constraints.

In these cases, your DWI arrest may still show up on background checks—even if the case was never pursued. If the statute of limitations has passed and no charges were filed, you can seek to have that arrest completely erased.

Here’s how the statute of limitations works:

• Misdemeanor DWI: Typically 2 years

• Felony DWI: Usually 3 years

If the time limit expires and no charges were brought, that arrest no longer holds legal weight and can usually be expunged.

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4. You Completed a Pre-Trial Intervention (PTI) Program

Some Texas counties offer PTI programs for first-time offenders. These programs are alternatives to prosecution and often include community service, alcohol education, and regular check-ins.

Here’s the big benefit: successful completion of a PTI program typically results in a dismissal, and that dismissal often makes your record eligible for expungement.

It’s important to note that PTI is not the same as deferred adjudication. While both avoid convictions, only PTI can lead to expungement. Deferred adjudication, on the other hand, only allows for nondisclosure (record sealing).

Each county has different criteria for who qualifies for PTI. Some general qualifications may include:

• No prior criminal history

• No accidents or injuries involved in the arrest

• A BAC below 0.15

If you’re not sure whether PTI is available in Galveston County, we can walk you through what’s currently being offered locally and what your chances are for participation.

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5. You Were a Minor at the Time of the DWI

Juvenile records are treated differently under Texas law. If you were arrested for a DWI or DUI (Driving Under the Influence of alcohol as a minor) while under the age of 17, you might be able to erase that record when you reach adulthood—as long as you met all court conditions.

Completing all education programs, probation terms, and staying out of trouble for a certain number of years can be the key to clearing your juvenile record.

If you were under 21 but tried as an adult, the path to expungement or record sealing becomes more complicated but not necessarily impossible.

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What About Deferred Adjudication?

Many people confuse deferred adjudication with expungement. Here’s the key difference:

• Deferred adjudication is a type of probation that avoids a conviction, but you must still plead guilty or no contest.

• After successful completion, your case may be eligible for record sealing, but not expungement.

Under Texas’s Second Chance Law, some individuals who complete deferred adjudication for a first-time DWI may qualify for an Order of Nondisclosure. This seals the record from most employers, landlords, and private background checks.

There are waiting periods depending on whether you had an ignition interlock installed:

• 2 years with interlock

• 5 years without interlock

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Who Is Disqualified from a DWI Expungement?

Even if your case seems straightforward, certain circumstances can block your path to expunction in Texas. You cannot qualify for expungement if:

• You were convicted of the DWI or a related charge

• You accepted deferred adjudication (though sealing may still be possible)

• You are currently on probation or community supervision

• You have other criminal charges pending

• The statute of limitations has not expired

• You have already used expungement for another offense (with some exceptions)

Also, if court records show you were on supervision—even if you finished successfully—that can often disqualify you from expungement.

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What About Felony DWIs?

In most cases, a felony DWI conviction cannot be expunged or sealed. Texas law is very clear that felony convictions are ineligible for both expungement and nondisclosure.

But if your felony DWI charges were dismissed or you were found not guilty, you may still be able to expunge the arrest.

This is where it becomes crucial to build a strong defense early in the case. The goal is always to avoid a conviction whenever possible.

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Record Sealing vs. Expungement: What’s the Difference?

Let’s clear up the difference between these two terms:

In many situations, sealing your record through nondisclosure offers significant protection, especially when applying for jobs, housing, or school.

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DWI Expungement FAQs

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

If not expunged or sealed, a DWI stays on your record forever. Texas does not have an automatic removal after a number of years.

Can a DWI be sealed instead of expunged?

Yes, in some cases. If it’s your first DWI and you meet the criteria under the Second Chance Law, you may qualify for an Order of Nondisclosure. This seals the record from most public background checks.

How long does expungement take?

The process usually takes 4 to 6 months, depending on the county and the complexity of the case.

Can you expunge more than one offense?

Generally, Texas allows you to expunge only one criminal offense in your lifetime unless the other offenses occurred at the same time or were part of the same incident. Multiple unrelated offenses can disqualify you.

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Talk to a Galveston Criminal Defense Attorney About Your Options

A DWI arrest doesn’t have to define your future—but taking action is key. Whether you’re looking to clear your record completely or seal it from public view, it all starts with understanding your rights under Texas law.

At Zendeh Del & Associates PLLC, we work with clients across Galveston County to evaluate their eligibility for expungement, sealing, or other legal remedies. The law is complex, but we’re here to help you navigate it.

If you’ve been arrested for DWI and don’t know what your next step should be, we encourage you to reach out.

📞 Call our office today or contact us online to schedule a free consultation.

Your past doesn’t have to determine your path forward. Let us help you take control of your future.