In Texas, a DWI conviction stays on your criminal record permanently and on your driving record indefinitely, so the honest answer to how long a DUI stays on your record in Texas is: forever, unless you qualify to have it expunged or sealed. A separate charge called DUI exists in Texas, but it applies only to drivers under 21 and follows different rules, which matters before you go looking for the answer that fits your situation.
DUI and DWI Are Not the Same Thing in Texas
Texas is one of the few states that uses “DUI” and “DWI” to mean two different offenses. A DUI applies exclusively to minors under 21 who drive with any detectable amount of alcohol in their system under Texas’s zero-tolerance rule. A first or second DUI is a Class C misdemeanor, the same category as a traffic ticket, with a fine of up to $500 and 20 to 40 hours of community service.1State of Texas. Texas Alcoholic Beverage Code Section 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by Minor
A DWI applies to any driver, of any age, who operates a vehicle while intoxicated. A first-offense DWI is a Class B misdemeanor with a minimum 72 hours in jail and a fine of up to $2,000, and it jumps to a Class A misdemeanor when the blood alcohol concentration was 0.15 or higher.2State of Texas. Texas Penal Code Section 49.04 – Driving While Intoxicated DWI is the charge people usually mean when they ask about long-term record consequences, so most of what follows is about DWI. The expunction and nondisclosure rules apply to both.
How Long a DWI Stays on Your Criminal Record
A DWI conviction never falls off your Texas criminal record on its own. There is no seven-year window, no automatic expiration, no quiet cleanup after a stretch of good behavior. The Texas Department of Public Safety compiles arrest and conviction data into statewide databases and forwards it to the FBI’s national criminal history files.3Texas Department of Public Safety. Crime Records Division Overview Anyone running a fingerprint-based background check through the DPS FACT Clearinghouse can see the conviction whether it happened last year or two decades ago.4Texas Department of Public Safety. FACT Clearinghouse
That matters in practical ways. Employers, landlords, and professional licensing boards routinely pull criminal history. A DWI can disqualify you from certain jobs, block license applications, and complicate housing searches years after you’ve served the sentence. The only paths to changing what shows up are expunction or an order of nondisclosure, and both have strict eligibility limits.
How Long a DWI Stays on Your Driving Record
According to Texas DPS, a DWI conviction remains on your driving record indefinitely.5Texas Department of Public Safety. Driver License Enforcement Actions The driving record is separate from your criminal history and tracks license status, violations, and suspensions. Insurance companies pull it to set premiums, and DPS reviews it during renewals and reinstatements.
After a DWI, Texas requires you to file an SR-22 certificate of financial responsibility with DPS to prove you carry the state’s minimum liability insurance. You have to maintain continuous SR-22 coverage for two years from the date of conviction, and any lapse, even a single day, can trigger an immediate suspension and reinstatement fees.6Texas Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22) Most insurers factor a DWI into your premium for three to five years, sometimes longer.
Old Convictions Still Count Against You
Texas has no lookback period limiting how far back prosecutors can reach to use a prior DWI to raise a new charge. A DWI from 1995 counts the same as one from last year for enhancement purposes. A second DWI becomes a Class A misdemeanor with a minimum of 30 days in jail, and a third DWI becomes a third-degree felony carrying two to ten years in prison.7State of Texas. Texas Penal Code PENAL 49.09 – Enhanced Offenses and Penalties
Deferred adjudication does not shield you either. A deferred adjudication on a prior DWI counts as a conviction for enhancement, so resolving your first case that way will not stop a later arrest from being charged as a felony.7State of Texas. Texas Penal Code PENAL 49.09 – Enhanced Offenses and Penalties This is the single biggest reason the permanent nature of the record matters: a quiet, decades-old entry can turn a new arrest into a prison sentence.
If You Hold a Commercial Driver License
The consequences are steeper for CDL holders, and federal rules control. The Federal Motor Carrier Safety Administration imposes a one-year CDL disqualification for a first DWI, a three-year disqualification if you were hauling hazardous materials, and a lifetime disqualification for a second offense. These periods cover any combination of listed offenses, including refusing a breath test or leaving the scene of an accident.8eCFR. 49 CFR 383.51 – Disqualification of Drivers The offense counts even if it happened in your personal vehicle. Federal law permits states to reinstate a lifetime disqualification after ten years with an approved rehabilitation program, but that option is not available in every case.
When a DWI Can Be Expunged
Expunction destroys records of an arrest as though it never happened, and after a successful expunction you can legally answer “no” when asked whether you were ever arrested for the offense.9Office of the Texas Attorney General. Expunctions It is governed by Chapter 55A of the Texas Code of Criminal Procedure.10Justia Law. Texas Code of Criminal Procedure Title 1, Chapter 55A – Expunction of Criminal Records
Expunction is not available for a conviction. It applies only when the case ended without one: an acquittal, a dismissal, certain cases where charges were never filed after arrest, or a pardon based on actual innocence. If you were convicted of DWI and served the sentence, expunction is off the table no matter how much time has passed.
When a DWI Can Be Sealed With an Order of Nondisclosure
An order of nondisclosure does not erase the record but seals it from public view. Most private employers, landlords, and licensing agencies will not see it, though law enforcement and certain government entities still can. Texas offers two paths for DWI, both narrow.
After Deferred Adjudication
If you received deferred adjudication community supervision for an intoxication offense and completed it, you can petition under Section 411.0726 of the Texas Government Code. You must wait at least two years after finishing supervision. You are disqualified if the offense involved a motor vehicle collision with another person, including any passenger in your own vehicle, and you cannot have prior convictions or deferred adjudications beyond fine-only traffic tickets.11State of Texas. Texas Government Code GOV’T 411.0726
After a Conviction With Community Supervision
Section 411.0731 allows nondisclosure after a DWI conviction if you completed community supervision, but the requirements are tighter:
- The offense had to be punishable as a Class B misdemeanor, meaning a blood alcohol concentration below 0.15.
- No prior convictions or deferred adjudications beyond fine-only traffic tickets.
- No motor vehicle collision involving another person, including your own passengers.
- A waiting period of two years after finishing community supervision if you used an ignition interlock device for at least six months, or five years if you did not.
Even when every requirement is met, the court must find that granting the order serves the best interest of justice, and the prosecution can oppose the petition.12State of Texas. Texas Government Code Section 411.0731 – Procedure for Community Supervision Following Conviction; Certain Driving While Intoxicated Convictions Either path requires filing a petition and paying filing fees, which generally run several hundred dollars before attorney costs.