How Long Does a DWI Stay on Your Record in Texas?
A DWI conviction in Texas is permanent. Texas law does not allow expunction of DWI convictions — but there is one limited exception that may help first-time offenders who complete probation without a final conviction. Here is what the law actually says.
How Long Does a DWI Stay on Your Criminal Record in Texas?
A DWI conviction in Texas stays on your criminal record permanently. Under Texas law, a conviction for Driving While Intoxicated under Tex. Transp. Code §49.04 cannot be expunged — even if it was a first offense, even if you completed probation years ago, and even if it happened decades in the past.
This is one of the most important distinctions between a DWI and many other Texas criminal offenses. Non-violent first-offense charges can often be expunged after time; DWI cannot. This is why fighting a DWI charge before conviction is so critical.
DWI arrests (not convictions) can be expunged under limited circumstances — for example, if the case was dismissed, you were acquitted at trial, or the charge was no-billed by a grand jury.
- Tex. Code Crim. Proc. Art. 55.01 — Expunction eligibility — DWI convictions are excluded; arrests may qualify after dismissal/acquittal
- Tex. Transp. Code §49.04 — DWI offense — conviction cannot be expunged under current Texas law
Can a DWI Be Sealed (Nondisclosure) in Texas?
Texas added a limited nondisclosure option for DWI convictions in 2017 under Tex. Gov't Code §411.0731. An order of nondisclosure seals your record from public view — including most private employers and background check services — but it is NOT an expunction. Law enforcement, licensing boards, and certain government agencies can still see a sealed record.
To qualify for DWI nondisclosure in Texas:
1. You must have been convicted of a first-offense DWI (not a second or subsequent offense)
2. Your BAC must have been less than 0.15 at the time of the offense
3. You must not have caused an accident involving another person
4. You must have completed all probation/jail, paid all fines, and satisfied all conditions
5. You must wait: either 2 years from discharge of community supervision (if you had an ignition interlock) or 5 years from discharge (if no ignition interlock)
If you meet these requirements, you may petition the court for nondisclosure. Texas Defense Team can file this petition on your behalf.
- Tex. Gov't Code §411.0731 — Nondisclosure for first-offense DWI — limited eligibility requirements
- Tex. Gov't Code §411.074 — Effect of nondisclosure — seals from most background checks but not all agencies
How a DWI Conviction Affects Background Checks
Until a nondisclosure order is obtained (if eligible), a DWI conviction in Texas appears on:
• Criminal background checks by employers (most standard checks)
• Texas DPS criminal history records
• FBI records (accessible by law enforcement and certain licensors)
• Court records searchable by public records services
A DWI conviction can affect:
• Employment — especially in positions requiring a clean driving record, professional licenses, healthcare, education, or government jobs
• Professional licenses — the State Bar, nursing board, medical board, CPA board, and others review DWI convictions for license eligibility
• Commercial Driver's License (CDL) — a single DWI conviction disqualifies you from a CDL for one year (lifetime disqualification for a second offense)
• Military service — DWI convictions can affect enlistment eligibility and security clearances
• Firearm rights — a DWI misdemeanor alone does not remove federal gun rights in Texas, but a DWI conviction involving certain circumstances can
• Immigration status — non-citizens should consult an immigration attorney immediately after any DWI arrest
How Long Does a DWI Stay on Your Driving Record (Not Criminal Record)?
Your Texas driving record (maintained by the Texas DPS) is separate from your criminal record. A DWI conviction appears on your driving record and is used by insurance companies to set rates.
The DPS retains DWI conviction information on your driving record for purposes of:
• Prior offense enhancement — a DWI within 10 years of a new DWI arrest is classified as a second offense (up from Class B to Class A misdemeanor, and from Class A to third-degree felony if there are two priors)
• DPS surcharges — calculated and applied based on your driving record over a 3-year period
• Insurance reporting — insurers check your driving record and typically rate your policy based on violations in the past 3–5 years
For insurance purposes, a DWI typically affects your premiums for 3–7 years depending on the insurer. For criminal enhancement purposes, a DWI "lookback" period is 10 years in Texas.
- Tex. Transp. Code §49.09(b) — DWI enhancement — second offense within 10 years is a Class A misdemeanor; third offense is a felony
Frequently Asked Questions
Can I get a DWI expunged in Texas?+
A DWI conviction cannot be expunged in Texas under current law. However, if your case was dismissed, you were acquitted, or the charge was no-billed by a grand jury, the arrest record may be eligible for expunction under Tex. Code Crim. Proc. Art. 55.01.
How long does a DWI conviction affect my insurance rates?+
Most Texas insurance companies increase rates based on DWI convictions for 3–7 years, depending on their underwriting guidelines. Rates typically increase 60–100% after a DWI conviction. Shopping insurers can help, but the increase is unavoidable until the conviction ages out of most underwriting lookback periods.
Does a DWI show up on a background check after 7 years?+
Yes. A DWI conviction in Texas is permanent and will continue to appear on criminal background checks indefinitely — unlike some states where records may fall off after 7 years, Texas has no such limitation for convictions. Only a nondisclosure order (if eligible) can limit public access.
Will a DWI be removed from my record if I complete probation?+
Completing probation does not remove or expunge a DWI conviction in Texas. It does, however, start the clock for nondisclosure eligibility (2 years with interlock, 5 years without) if you meet all the other requirements under Tex. Gov't Code §411.0731.