There are two ways to get a DWI off your record in Texas: expunction, which permanently destroys the arrest records, and an order of non-disclosure, which seals the record from most public background checks. Expunction is only available if your case ended without a conviction. Non-disclosure became available for certain first-time misdemeanor DWI convictions starting in 2017. Which one you qualify for turns entirely on how your case was resolved.
Expunction and Non-Disclosure Do Different Things
Expunction is the stronger remedy. When a court grants it, every agency holding records of the arrest must destroy or return them. You can then legally deny the arrest ever happened, including on job applications and, in most situations, under oath.1State of Texas. Texas Code of Criminal Procedure Chapter 55A – Expunction of Criminal Records
Non-disclosure is a step down. The record still exists, but it’s sealed from public view. Private employers, landlords, and schools running a standard background check generally won’t see it. Law enforcement, certain licensing boards, and specific government entities still can.2Texas Courts. Overview of Orders of Nondisclosure
Who Qualifies for Expunction
Expunction is reserved for cases that ended without a conviction. Under Chapter 55A of the Texas Code of Criminal Procedure, recodified from the old Chapter 55 effective January 1, 2025, you qualify if your DWI case ended in one of these ways:1State of Texas. Texas Code of Criminal Procedure Chapter 55A – Expunction of Criminal Records
- Acquittal at trial. You can petition immediately.
- Dismissal by the prosecution or the court.
- No charges filed after your arrest.
- A no-bill from a grand jury on a felony DWI charge.
If you pleaded guilty, were convicted, or were placed on court-ordered community supervision for anything above a Class C misdemeanor, you cannot get an expunction. This is where most people hit a wall. Any form of probation or community supervision following a DWI plea or conviction ends expunction eligibility.
Expunction Waiting Periods
After an acquittal you can file right away. Every other qualifying outcome carries a wait. If charges were never filed, the minimum runs from the date of arrest:
- Class C misdemeanor: 180 days.
- Class A or B misdemeanor: one year.
- Felony: three years.
A standard first-offense DWI in Texas is a Class B misdemeanor, so a one-year wait applies when no charges were filed. If charges were filed and later dismissed, the rule is stricter: the statute of limitations must have expired for every offense arising from your arrest, and that clock pauses while the case is pending. The practical wait can stretch to three years or more.
Who Qualifies for Non-Disclosure of a DWI Conviction
Non-disclosure is the option Texas created for people convicted of a first-time DWI who cannot get an expunction. House Bill 3016 opened this path on September 1, 2017, and it applies retroactively to offenses committed before that date.3Texas Legislature Online. 85(R) HB 3016 – Enrolled Version Every one of these requirements has to be met:
- First-time misdemeanor DWI under Penal Code Section 49.04, not the enhanced version for a blood alcohol concentration of 0.15 or higher.
- Your recorded BAC at the time of the offense was under 0.15.
- The offense did not result in a motor vehicle accident involving another person, including passengers in your own vehicle.2Texas Courts. Overview of Orders of Nondisclosure
- You finished all community supervision or jail time and paid every fine, cost, and restitution amount.
Non-Disclosure Waiting Periods
After the sentence is fully completed, two tracks apply:
- Two years if you had an ignition interlock device installed for at least six months during your supervision.
- Five years if no interlock was required.
The interlock route cuts three years off the wait, which is why some attorneys recommend interlock installation even when a court doesn’t require it.
Prior Offenses That Disqualify You
Certain prior convictions permanently bar any order of non-disclosure: murder, capital murder, trafficking of persons, injury to a child or elderly individual, stalking, any offense requiring sex offender registration, and any offense involving family violence.2Texas Courts. Overview of Orders of Nondisclosure
DWI non-disclosure adds a tighter restriction. You are ineligible if you have any prior conviction or deferred adjudication for any offense other than a traffic violation punishable by fine only. A prior misdemeanor theft, drug possession, or assault that resulted in a conviction or deferred adjudication knocks you out, even if it had nothing to do with driving.
Deferred Adjudication Doesn’t Lead to Expunction
Since September 2019, Texas judges have been allowed to grant deferred adjudication for first-time DWIs charged under Penal Code Section 49.04. Before House Bill 3582, deferred adjudication was unavailable for any DWI charge.4Texas Legislature Online. 86(R) HB 3582 – Bill Text It still doesn’t apply to enhanced DWI charges or to anyone who held a commercial driver’s license at the time of the offense.
Complete deferred adjudication successfully and the court dismisses the charge, avoiding a formal conviction. That sounds like it should open the door to expunction. It doesn’t. Texas expunction law bars anyone who received court-ordered community supervision for anything above a Class C misdemeanor, and deferred adjudication counts as community supervision.1State of Texas. Texas Code of Criminal Procedure Chapter 55A – Expunction of Criminal Records After completing DWI deferred adjudication, non-disclosure is the path forward.
Some counties run formal pre-trial intervention programs through the community supervision department under Government Code Section 76.011. Completing one of those can make you eligible for expunction, sometimes immediately and sometimes after a wait of at least a year. Availability depends on your county and the prosecutor.
How to File
Expunction petitions go in the district court of the county where the arrest occurred or the offense was alleged, regardless of which court handled the criminal case. You’ll need your criminal history record from the Texas Department of Public Safety and, if charges were filed and dismissed, a certified copy of the dismissal order. The petition must identify you, the arrest date, the offense, the arresting agency, and the case number. After filing, you have to serve a copy on every agency that holds records of the arrest, which typically includes the arresting police department, the prosecutor’s office, DPS, the court clerk, and sometimes agencies like university police or school districts.5State of Texas. Texas Code of Criminal Procedure Chapter 55A – Expunction of Criminal Records If the judge grants the petition after the hearing, an Order of Expunction goes to every named agency directing them to destroy or return their records.
Non-disclosure petitions are filed in the court that handled your DWI case, usually a county court at law. The petition has to show you meet every requirement under Texas Government Code Chapter 411. At the hearing the judge looks at two things: whether you satisfy the statutory requirements, and whether granting the order is in the best interest of justice. That second prong gives the judge discretion. If the petition is granted, the clerk sends the order to DPS within 15 business days, and DPS has 10 business days to seal the records and forward the order to the required state and federal agencies.2Texas Courts. Overview of Orders of Nondisclosure
What It Costs
Filing an expunction petition in district court runs about $350, combining the local consolidated civil fee of $213 and the state consolidated civil fee of $137. A $25 charge applies for each agency that can’t receive electronic service and needs a physical copy of the petition or final order.6Texas Courts. District Court Civil Filing Fees Because expunction petitions name multiple agencies, those charges add up.
Non-disclosure filing fees vary by court and are generally set at whatever that court charges for a civil case. Attorney fees for either petition typically run $1,000 to $2,500 for a straightforward matter, more if the case is complex or the hearing is contested. You can file either petition yourself, but the procedural requirements are technical enough that a single error, like serving the wrong agencies or miscalculating a waiting period, can lead to denial and lost filing fees.
What Clearing the Record Actually Does
A successful expunction is the closest thing to a clean slate. Records are destroyed, you can legally deny the arrest, and private background checks come back clean. For practical purposes the DWI disappears.
Non-disclosure is more limited. Private employers, landlords, and schools running standard checks won’t find the sealed record, and you have no obligation to disclose it on most job applications. But the record isn’t gone.
Who Can Still See a Sealed Record
Texas Government Code Section 411.0765 lists dozens of agencies and licensing boards that keep access to records sealed by a non-disclosure order. Among them: the Texas Medical Board, the State Board for Educator Certification, the Texas Board of Nursing, the Health and Human Services Commission, and law enforcement at every level.2Texas Courts. Overview of Orders of Nondisclosure If you’re applying for a medical license, teaching certificate, nursing license, or a law enforcement position, the DWI is still visible to the reviewing authority. This catches people off guard more than any other part of the process.
Your Driving Record Is Separate
Neither remedy touches your driving record at DPS. The Administrative License Revocation process that suspends your license after a DWI arrest is a civil matter, entirely separate from the criminal case. Even after an expunction, the administrative suspension can still appear on your driving history and affect insurance and future license actions.
International Travel to Canada
Canada treats DWI as a serious criminal offense that can make you inadmissible at the border. Canadian immigration officers have access to U.S. criminal databases, and there’s no guarantee that an expunged or sealed Texas DWI won’t still appear. Travelers with DWI convictions may still enter if they meet “deemed rehabilitation” requirements, have an approved rehabilitation application, or hold a temporary resident permit.7U.S. Customs and Border Protection. Entering Canada and the United States with DUI Offenses Clearing the Texas record is a good start but may not be the whole solution.
Commercial Drivers
CDL holders face a separate federal system. Federal Motor Carrier Safety Administration regulations require CDL holders to notify the state licensing authority and their employer within 30 days of any conviction for a traffic-related offense other than parking, and a suspension or disqualification must be reported to the employer by the next business day.8eCFR. Part 383 Commercial Driver’s License Standards – Requirements and Penalties Under federal rules, a “conviction” includes any unvacated adjudication of guilt or guilty plea, regardless of whether the sentence was suspended or probated. Whether a Texas expunction or non-disclosure vacates a conviction for federal CDL purposes is a gray area, and CDL holders should get legal advice before assuming the state remedy solves the federal problem.
If Your Petition Is Denied
Expunction denials are usually straightforward: the waiting period hasn’t expired, the case ended in a conviction, or community supervision disqualifies the petitioner. Once the actual eligibility criteria are met, you can often refile. Denials can also be appealed through the normal civil appeals process, and agencies that object to an expunction order have the same right of appeal.5State of Texas. Texas Code of Criminal Procedure Chapter 55A – Expunction of Criminal Records
Non-disclosure denials are harder to overturn. The judge has discretion over whether sealing the record serves the best interest of justice, so a petition can fail even when every statutory requirement is met. Prosecutors sometimes present evidence about the circumstances of the offense, conduct during supervision, or other factors. A judge who entered an affirmative finding at sentencing that non-disclosure would not be in the best interest of justice can effectively block a later petition. Refiling may be possible if circumstances change, but appealing a discretionary denial is an uphill fight.