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

If you have been arrested for or convicted of driving while intoxicated in Texas, one of the first questions on your mind is how long this will follow you. The short answer is longer than most people expect — but for a first offense, the law now gives many people a path to seal the record from public view. This guide explains how long a DWI stays on your Texas record, why the common “seven years” belief is wrong, and the difference between erasing a record and sealing it.

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

A DWI stays on your Texas criminal record permanently unless a court orders it removed or sealed. A conviction does not expire, time out, or fall off on its own after a set number of years. It remains visible on background checks indefinitely, which is why so many people look for a way to clear or seal it. The good news is that, depending on how your case was resolved, you may have one of two legal tools available: an expunction, which destroys the record, or an order of nondisclosure, which seals it from public view.

Does a DWI fall off your record after seven years?

No — the “seven-year rule” is a myth that confuses criminal records with credit reporting. Some background-screening and credit-reporting practices limit how far back certain reports look, and federal credit-reporting rules restrict the reporting of some older items. But your criminal history is a separate government record. A Texas DWI conviction does not delete itself after seven years, ten years, or any other period. The only way it leaves a public background check is if you take affirmative legal action to expunge or seal it.

Can a DWI be expunged in Texas?

A DWI conviction cannot be expunged in Texas — expunction is only available when a case did not end in a conviction. Under Chapter 55 of the Texas Code of Criminal Procedure, an expunction permanently destroys the record, and you can legally deny the arrest ever happened. But it is reserved for arrests that did not result in a conviction: cases that were dismissed, cases where you were acquitted (found not guilty), cases that were never filed, or certain pardons. So if your DWI charge was dismissed or you won at trial, an expunction may be available and is worth pursuing. If you were convicted, expunction is off the table — but sealing may not be.

What is the difference between expunction and nondisclosure?

An expunction destroys the record entirely, while an order of nondisclosure seals it from the public but keeps it accessible to certain agencies. A sealed record is hidden from most employers, landlords, banks, and other private background checks, and in most situations you do not have to disclose it. It is not erased, though. Law enforcement, the courts, and state licensing agencies can still see a nondisclosed record, and it must still be disclosed on certain applications, including immigration matters. For someone with a first-offense DWI conviction, nondisclosure is usually the relevant remedy, because expunction is not available after a conviction.

Can a first DWI conviction be sealed in Texas?

Yes — under Texas Government Code §411.0731, a first DWI conviction can often be sealed through an order of nondisclosure if you meet the statutory conditions. This pathway, part of what is sometimes called the “Second Chance” law that took effect in 2017, applies when you were placed on community supervision (probation) for a first offense. To be eligible, all of the following generally must be true:

• It was a first offense, and you have never been convicted of or placed on deferred adjudication for any other crime, other than a traffic offense punishable by fine only.
• Your blood or breath alcohol concentration was below 0.15. A DWI charged at 0.15 or higher is a Class A offense that is excluded from this pathway.
• The offense did not involve a motor-vehicle accident with another person, including a passenger in your own vehicle. The State can defeat the petition by showing an accident occurred.
• You completed your community supervision, including all fines, court costs, restitution, and any required period of confinement.

Even when every condition is met, the court retains discretion: a judge can deny the petition if sealing the record is not found to be in the best interest of justice. Because eligibility turns on the specific facts of your case and your full criminal history, this is something to confirm with an attorney rather than assume. Every case is fact-specific.

How long do you have to wait to seal a first DWI?

Under §411.0731, the waiting period is two years after you complete community supervision if the court required an ignition interlock device for at least six months — and five years if no interlock was required for that period. The waiting period runs from the date you finish probation, not the date of your arrest or conviction. The interlock condition is the dividing line: the two-year period is available only when an ignition interlock device was a condition of your supervision for at least six months. This is a different pathway from a DWI conviction with no probation, which is governed by §411.0736 and carries a longer wait — three years with a qualifying interlock condition, or five years without — so it is important to identify which statute applies to your situation before counting your time.

What about deferred adjudication for a first DWI?

Since September 1, 2019, Texas has allowed deferred adjudication for some first-time DWIs under House Bill 3582, but only under strict conditions. To be considered, you generally must have no prior criminal history, a blood alcohol concentration below 0.15, no accident causing injury or death, and you cannot hold a commercial driver’s license; an ignition interlock device is also required. If you complete deferred adjudication successfully, no final DWI conviction is entered. However, the record of the case still exists and is not automatically sealed — the remedy is a petition for nondisclosure once you qualify. One important caution: a deferred-adjudication DWI can still be treated as a prior offense to enhance the charge if you are ever arrested for DWI again. Whether to accept a deferred-adjudication offer is a decision to weigh carefully with counsel.

How do you start the process of sealing a DWI in Texas?

You begin by filing a petition for an order of nondisclosure in the court that handled your case, after your waiting period has passed and once you confirm you meet every condition. The process involves confirming eligibility against the statute, preparing and filing the petition, notifying the State, and, in some cases, attending a hearing. Record-sealing matters at the firm are handled by Kenneth Hines, the firm’s expunction and record-sealing lead, who served as General Counsel to the Texas Senate Committee on Jurisprudence and has obtained hundreds of expunctions since 2023. The Law Office of David D. White, PLLC practices criminal defense exclusively since 2004 across ten Central Texas counties — Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop. If you want to know whether your DWI can be sealed or expunged, the firm can review the disposition of your case and tell you which options, if any, apply.

This article is provided for general informational purposes and is not legal advice. Eligibility for an expunction or an order of nondisclosure depends on the specific facts of your case and your complete criminal history. For advice about your situation, consult a licensed Texas attorney. Every case is fact-specific.

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