DWI Expungement in Texas — Clear Your Record After a Dismissal

DWI Expunction in Texas — Clear Your Record After a Dismissal

Call (512) 369-3737 — We Answer 24 Hours a Day

If your DWI was dismissed, you may be eligible to have the arrest removed from your record completely. In Texas, this is called an expunction. When it is granted, the arrest, the charge, and all records related to the case are destroyed. You can legally say it never happened.

The Law Office of David D. White has handled a significant volume of expunctions across central Texas. Attorney Kenneth Hines leads our expunction team. He knows which counties allow early certification, which agencies must be included to make the petition complete, and how to move the process forward efficiently. We move immediately after hiring — turnaround is a priority.

If your DWI was dismissed, call us. The expunction is the last step in putting this behind you completely.

(512) 369-3737 — Free consultation. Available 24 hours.

What a Texas DWI Expunction Actually Does

An expunction is not a sealing. It is a destruction order. When a Texas court grants an expunction, every agency that has records related to the arrest — the arresting agency, the court, the prosecutor’s office, DPS, and any other entity that received information about the case — is ordered to destroy those records.

After a successful expunction:

• The arrest does not appear on criminal background checks
• You can legally deny the arrest occurred on job applications, housing applications, and professional licensing applications
• The record is not merely sealed — it is gone
• Law enforcement databases are cleared of the record

This is the complete legal reset that a dismissal alone does not provide. A dismissal ends the prosecution. An expunction eliminates the record of it ever happening.

A dismissal alone leaves the arrest, the charge, and the disposition on your record at DPS, on the court docket, and in commercial background-check databases. More on what a dismissed charge in Texas actually does and does not clean up.

Can a DWI Be Expunged in Texas?

The answer depends on the outcome of the case, not the charge itself.

You ARE eligible for expunction if:

• Your DWI charge was dismissed
• You were acquitted at trial
• The charge was no-billed by a grand jury and the statute of limitations has expired
• You completed deferred adjudication for a Class C misdemeanor (not available for DWI specifically — see below)
• You were arrested but never formally charged and the statute of limitations has expired

You are NOT eligible for expunction if:

• You were convicted of DWI — meaning you pleaded guilty, pleaded no contest, or were found guilty at trial
• You completed deferred adjudication for DWI — Texas law does not allow DWI deferred adjudication expunctions
• You have other charges from the same arrest that are still pending

This is one of the most important reasons to fight a DWI charge rather than accept a plea deal. A conviction cannot be expunged. A dismissal can be. The difference between those two outcomes follows you for the rest of your life.

Deferred Adjudication and DWI — What You Need to Know

Texas does not allow deferred adjudication for DWI. This means if you are offered deferred adjudication on a DWI charge, it is not the same deal it would be for other offenses.

For most charges in Texas, completing deferred adjudication avoids a conviction and may allow a nondisclosure order — which seals the record from public view. For DWI, deferred adjudication is not available under Texas law. A DWI plea is a conviction.

If you were offered and accepted deferred adjudication on a DWI charge before 2019 in limited circumstances where it was available, or if you have questions about your specific situation, call us. The rules are complicated and the stakes are high.

The Waiting Period for DWI Expunction in Texas

Texas law requires waiting periods before an expunction can be filed, depending on how the case resolved.

Case dismissed before indictment:

• Class B misdemeanor DWI: wait 1 year from arrest date
• Class A misdemeanor DWI (.15 or higher): wait 1 year from arrest date
• Felony DWI: wait 3 years from arrest date

Case dismissed after indictment or no-billed by grand jury:

• No waiting period — petition can be filed immediately after dismissal

Acquittal at trial:

• No waiting period — petition can be filed immediately

In some counties, the court may waive the waiting period and allow early certification of expunction eligibility. Kenneth Hines knows which counties allow this and pursues early certification in every case where it is available. Getting the expunction filed sooner gets the record cleared sooner.

Why Kenneth Hines Leads Our Expunction Team

Expunctions in Texas require more precision than most attorneys apply to them. A petition that misses an agency, fails to include the correct case identifiers, or is filed in the wrong court can result in incomplete expunction — records that survive at one agency even after the order is granted.

Kenneth Hines has handled more expunctions in central Texas than any attorney in this market. He knows:

Which counties allow early certification of expunction eligibility — and pursues it aggressively to get the process started before the standard waiting period expires.

Which agencies must be included in the petition — every department, every database, every entity that received any information about the arrest. A missed agency means a surviving record. We do not miss agencies.

How to draft and file the petition efficiently — we move immediately from the day you hire us to the day we file. Most firms take weeks or months just to prepare the paperwork. We move immediately.

How to follow up after the order is granted — verifying that agencies have actually complied with the destruction order, and taking action when they have not.

If you want the expunction done right and done fast, Kenneth Hines is the right attorney.

The DWI Expunction Process — Step by Step

Step 1 — Confirm eligibility

We review the outcome of your case and confirm you meet the statutory requirements for expunction. This takes one conversation. Call (512) 369-3737.

Step 2 — Prepare and file the petition

Kenneth Hines prepares the expunction petition identifying every agency that must be served. The petition is filed in the district court of the county where the arrest occurred. We move immediately after hiring — turnaround is a priority.

Step 3 — Court hearing

The court schedules a hearing on the petition. The prosecution has an opportunity to object. In most DWI dismissal expunctions, there is no objection and the hearing is brief. The judge signs the order granting expunction.

Step 4 — Service on all agencies

The signed order is served on every agency named in the petition. Each agency is ordered to destroy its records of the arrest within a specified time. We follow up to confirm compliance.

Step 5 — Verification

We verify that the major databases — DPS, the court, the arresting agency — have cleared the record. If any agency fails to comply, we take action to enforce the order.

The entire process from filing to final verification typically takes 3 to 6 months depending on the court’s docket and the number of agencies involved. In counties that allow early certification, we can sometimes begin the process before the standard waiting period expires.

What Happens to Your DWI Record in the Meantime

Between your dismissal and the completion of the expunction, the arrest still appears on your record. Background check companies that pulled your record before the expunction may still have the data in their systems — and some are slow to update even after an expunction order is served.

If you need to address the arrest on a job application or a professional license application before the expunction is complete, call us. We can provide documentation of the dismissal and the pending expunction that you can present to employers and licensing boards.

DWI Nondisclosure — If You Cannot Expunge

If you completed DWI deferred adjudication in a jurisdiction where it was available, or if you have a DWI conviction from on or after September 1, 2017 where you completed community supervision with an ignition interlock device, you may be eligible for an order of nondisclosure.

A nondisclosure seals the record from public view — it does not destroy it, but it prevents most background check companies and employers from seeing it. Law enforcement can still access sealed records.

Non-disclosure is not as complete as expunction, but it is meaningful relief for people who are not eligible for expunction. More on the difference between expunction and non-disclosure in Texas. Kenneth Hines handles non-disclosure petitions as well.

Frequently Asked Questions

How long does a DWI expunction take in Texas?

From the time we file the petition to the time the order is granted typically takes 3 to 6 months depending on the court’s schedule. We file as quickly as possible after you hire us — turnaround is a priority and we move immediately after you hire us.

Can I expunge a DWI conviction in Texas?

No. A conviction — guilty plea, no contest plea, or jury verdict of guilty — cannot be expunged in Texas. Only dismissals, acquittals, and certain other non-conviction outcomes are eligible. This is why fighting the DWI charge, rather than accepting a plea, is so important. A dismissal can be expunged. A conviction cannot.

How much does a DWI expunction cost in Texas?

At the Law Office of David D. White, DWI expunctions are handled on a flat fee. The fee covers preparation, filing, the court hearing, service on all agencies, and follow-up verification. Call (512) 369-3737 for current pricing. Court filing fees are separate and vary by county.

What if my DWI was in a different county than where I live?

The expunction petition must be filed in the county where the arrest occurred, not where you currently live. We handle expunctions in Travis, Williamson, Hays, Caldwell, Lee, Coryell, and Bell counties. If your arrest was in any of these counties, we can handle the expunction regardless of where you live now. See our Georgetown office if your case is in Williamson County.

Will the expunction remove my DWI from my driving record?

An expunction clears the criminal arrest record. Your Texas driving record is separate and maintained by DPS. The administrative license suspension from the DWI arrest is a separate record that may require separate action. Call us and we will tell you specifically what applies to your situation.

Does an expunction remove the DWI from background check databases?

It should. The expunction order is served on DPS and all agencies that received information about the arrest, including many background check companies. However, some private background check companies are slow to update their databases. If a record appears on a background check after your expunction is final, contact us. We can help address non-compliant agencies.

Call Now — Free Consultation

If your DWI was dismissed, the expunction is the last step. Do not wait. The sooner the petition is filed, the sooner the record is gone.

Kenneth Hines leads our expunction team and handles expunctions extensively across central Texas. Call (512) 369-3737 right now.

Law Office of David D. White, PLLC
608 W 12th St, Suite B | Austin, TX 78701
Georgetown office: 706 Rock St, Georgetown, TX 78626
(512) 369-3737 | Available 24/7

See also: Austin DWI lawyer. Motion to suppress in Texas. Expunction in Texas. Felony DWI defense. Probation revocation defense.