An MIP conviction in Texas stays on your record for life unless you take legal action to remove it. The record does not disappear when you turn 21, and nothing in state law wipes it after a set number of years. The good news: most minor-in-possession cases qualify for either an expunction, which destroys the record, or an order of nondisclosure, which seals it from public view.
The Record Does Not Age Off
A Texas MIP conviction remains on your criminal record indefinitely. There is no expiration date and no automatic deletion once you reach adulthood. It will appear on background checks run by employers, landlords, and licensing agencies for as long as the record exists.
Even cases that ended well leave a footprint. A dismissal or an acquittal still generates an arrest record, and that arrest record also stays put until you ask a court to remove it. Doing nothing means the record follows you.
Deferred Disposition Is Not a Clean Slate
Most first-time MIP cases end in deferred disposition. The judge postpones a finding of guilt while you complete an alcohol awareness course and community service hours; finish on time and the case is dismissed without a conviction.1State of Texas. Texas Alcoholic Beverage Code Section 106.115
That dismissal is what later makes expunction possible. But the underlying arrest record is still sitting there in court and law-enforcement databases until you file to clear it. And if you pick up another MIP, the earlier deferred disposition counts as a prior conviction when the court sets punishment and license suspension for the new offense.2State of Texas. Texas Alcoholic Beverage Code ALCO BEV 106.071 Many people assume the first case vanished. It didn’t.
Expunction: Destroying the Record
Expunction is the strongest remedy because it results in the destruction of all records related to the arrest and charge. After an expunction is granted, you can legally deny the arrest ever happened in most situations.
You’re eligible to expunge an MIP record if any of these apply:
- The charge was dismissed, including after completing deferred disposition.
- You were found not guilty at trial.
- You have only one MIP conviction and have turned 21. Section 106.12 of the Alcoholic Beverage Code lets a person convicted of no more than one alcohol offense as a minor petition for expunction after reaching age 21.3State of Texas. Texas Alcoholic Beverage Code ALCO BEV 106.12 – Expunction of Conviction or Arrest Records of a Minor
That third route is unusual. Convictions in Texas generally cannot be expunged at all; the Alcoholic Beverage Code carves out a narrow exception for minors with a single alcohol-related conviction. Two or more convictions close this door, and nondisclosure becomes the only option.
Nondisclosure: Sealing the Record
If you were convicted and don’t qualify for expunction—two convictions, or still under 21—a nondisclosure order is the alternative. A nondisclosure doesn’t destroy the record. It seals it so private employers, landlords, and the general public cannot see it on a background check. Law enforcement and certain government agencies still can.4State of Texas. Texas Government Code GOV’T 411.0735
To qualify for nondisclosure of an MIP conviction, you need to meet several conditions:5Texas Courts. An Overview of Orders of Nondisclosure
- You’ve paid all fines and costs and completed every other condition the court imposed.
- You have no other convictions or deferred adjudication orders beyond fine-only traffic offenses.
- You have no conviction under Section 106.041 for driving or boating under the influence as a minor, which is a separate disqualifier.
For a standard MIP, which is a fine-only Class C misdemeanor, there is no waiting period. You can petition as soon as you complete your sentence.4State of Texas. Texas Government Code GOV’T 411.0735 The judge still has to find that sealing the record serves the best interest of justice, so it isn’t automatic, but a standalone MIP with nothing else on the record is about as sympathetic a case as these petitions get.
How to File, and What It Costs
Start by filing a petition with the court that handled the original case. Most MIPs are Class C misdemeanors, so that’s typically a justice court or municipal court. The filing fee for an expunction petition in those courts is $100.6State of Texas. Texas Code of Criminal Procedure Article 102.006 A third-offense MIP that landed in district court carries a higher filing fee based on the district court’s standard civil schedule, plus certified mailing costs.
After filing, the court sets a hearing. The prosecutor’s office receives notice and can contest your eligibility. If the judge agrees you qualify, the order directs every agency holding records of the charge—DPS, the arresting department, the court clerk—to destroy them. Once that order is processed, the charge effectively ceases to exist in any public database.
A nondisclosure petition follows the same general pattern: file with the sentencing court, attend a hearing, wait for the judge’s decision. Self-help forms for both types of petitions are available through the Texas State Law Library.7Texas State Law Library. Expunctions and Nondisclosure Orders
Where an Expunged MIP Can Still Surface
An expunction lets you deny the arrest in most everyday situations, including job and rental applications. A few federal contexts do not honor state expunction orders. The SF-86 form used for federal security clearance investigations requires disclosure of all arrests, charges, and citations regardless of whether the record was expunged, sealed, or dismissed. The only narrow exception covers convictions under the Federal Controlled Substances Act and does not extend to state alcohol offenses. Immigration and naturalization applications and military enlistment paperwork may require similar disclosure.
Investigators reviewing clearance applications generally care less about a teenage MIP than about whether you disclosed it honestly. Failing to report a known arrest on a federal form is treated as a trust problem, which is harder to overcome than the underlying offense ever would be.