How Much Does It Cost to Get a DWI Expunged in Texas?

The cost to expunge a DWI in Texas usually runs between $1,800 and $3,500 once you add court filing fees, certified mailings, and attorney fees. Filing fees alone are typically $250 to $350, mailings add $30 to $60, and a flat attorney fee for a straightforward case falls between $1,500 and $3,000. Before you budget for any of it, though, confirm you qualify. Most people with a DWI on their record don’t.

What You Actually Pay

Three costs make up almost the entire bill.

The filing fee comes first. Texas law sets the expunction filing fee at the same amount charged for filing an ex parte civil petition in district court, which varies by county.¹ In practice, that means roughly $250 to $350. Dallas County, for example, charges $350 to file an expunction.²

Then come the certified mailings. Every government agency holding records of your arrest must be formally notified of the hearing and, if the petition is granted, sent a certified copy of the order. The statute pegs these costs at $1 plus postage per hearing notice and $2 plus postage per certified copy of the order.¹ A typical DWI generates records at the Department of Public Safety, the arresting police department, and the county sheriff’s office at minimum, so plan on notifying three or four agencies. Total mailing costs usually land between $30 and $60. You may also need certified copies of your dismissal order or acquittal judgment, which the clerk’s office charges a few dollars per page to produce.

The attorney fee is the largest line item. Most Texas attorneys handle expunctions on a flat-fee basis that covers drafting the petition, managing the mailings, and appearing at the hearing. For a clean DWI expunction, flat fees generally run $1,500 to $3,000. What pushes the number up is complexity: multiple arrests on the same record, records held across different counties, or procedural wrinkles that eat attorney time. Rates in Houston and Dallas tend to be higher than in smaller counties, and attorneys who handle expunctions regularly usually charge more than a general practitioner.

When the Cost Goes Down

Several situations reduce or eliminate what you pay.

If you were acquitted at trial and file your petition within 30 days of the acquittal, the court waives all filing fees. Even outside that window, the judge has discretion to refund fees when a petition is granted, though a refund isn’t guaranteed.¹

The statute also waives filing fees for people who complete certain specialty court programs, including veterans treatment courts.¹

Some lower-level offenses can be expunged through a justice court or municipal court of record, where the filing fee is a flat $100.¹ Most DWI cases are filed in county or district court, so this route is uncommon for a DWI.

If you can’t afford an attorney, some Texas legal aid organizations handle expunctions free or at reduced cost. Eligibility usually requires household income below 200 percent of the federal poverty guidelines and residence in the organization’s service area. The Texas State Law Library maintains a resource page that lists options.³

Whether You Qualify at All

Spending money on an expunction petition only makes sense if the law allows one. Under Chapter 55A of the Texas Code of Criminal Procedure, expunction is available only when the case ended without a conviction.⁴ That means an acquittal at trial, a dismissal by the prosecutor, or an arrest that never led to formal charges.

When charges were never filed, you have to wait before petitioning. The waiting period is 180 days for a Class C misdemeanor, one year for a Class A or B misdemeanor, and three years for a felony.³

If you were convicted of DWI, expunction is not available. Probation counts as a conviction here. Deferred adjudication exists for some first-time DWI offenses where the blood alcohol concentration was below 0.15, but completing deferred adjudication still does not open the door to expunction.⁵ For those cases, a nondisclosure order is the alternative.

Cost of Nondisclosure If You’re Not Eligible

If a conviction or deferred adjudication rules out expunction, the next question is usually what nondisclosure costs. The numbers are similar. Filing fees fall in the same range: Travis County, for instance, charges a $350 special fee on top of standard civil filing fees for a nondisclosure petition.⁶ Attorney fees also typically run $1,500 to $3,000, because the underlying legal work is comparable.

Eligibility for DWI nondisclosure is narrower than many people expect. It’s limited to first-time offenders who completed their sentence or probation. You’re ineligible if your blood alcohol concentration was 0.15 or higher, if anyone was injured, or if you have prior convictions for certain violent or sexual offenses. If you had an ignition interlock device as a condition of bond or probation, you can petition two years after completing your sentence. Without an interlock, the wait is five years.

The outcome differs from expunction in a way worth knowing before you spend the money. An expunction destroys the records; a nondisclosure order seals them. Standard employer background checks won’t surface a sealed record, but law enforcement, government employers, and some licensing boards in fields like healthcare, education, and finance still have access.

1
State of Texas. Texas Code of Criminal Procedure Article 102.006 – Fees in Expunction Proceedings
2
Dallas County. Dallas County Clerk Criminal Courts Filing Fees and Payment Information
3
Texas State Law Library. Expunctions and Nondisclosure Orders
4
State of Texas. Texas Code of Criminal Procedure Chapter 55A – Expunction of Criminal Records
5
State of Texas. Texas Code of Criminal Procedure Art 42A.102
6
Travis County Clerk. File a Petition of Non-Disclosure