You can remove a DWI from your record in Texas, but only under specific conditions. The law allows two options: expungement or an order of nondisclosure. Whether you qualify depends on how your case ended and whether you meet strict legal requirements tied to that outcome.
Expunging a DWI
You may be able to clean up your record through a legal process called expungement. If granted, it’s like the arrest never happened. You can legally deny it on job applications, housing forms and background checks.
You may qualify if:
- Your case was dismissed
- You were found not guilty at trial
- You received a pardon
Here’s what to expect:
- File a petition in the same court where the case was handled
- A judge will review your petition and decide whether to grant it
- If approved, all traces of the arrest are destroyed and removed from public databases
Expungement offers a clean slate but applies only in limited cases. It likely doesn’t apply if your case ended in a conviction or you received deferred adjudication.
Order of nondisclosure for DWI
An order of nondisclosure seals your DWI record from public view. Employers, landlords and most private entities can’t access it. However, law enforcement, licensing boards and certain government agencies still can.
Under Texas Government Code § 411.0726, this option is available only in specific cases. It gives first-time offenders a second chance without erasing the record.
You may qualify if:
- You received deferred adjudication for a first-time DWI
- You successfully completed probation
- Your BAC was under 0.15
- No accident involved another person
- You have no disqualifying criminal history
Here’s what to expect:
- You must file a petition in the same court that handled your case
- A judge will review your eligibility and decide whether to grant it
- If approved, your record becomes inaccessible to most employers and background checks
Nondisclosure doesn’t erase your DWI, but it shields it from most of the public.
Why eligibility isn’t always clear
Texas law sets strict rules for clearing a DWI, but those rules don’t apply the same way to every case. A lawyer can help you understand your options, avoid delays and protect your chance at a fresh start.