How Long Does a DWI Stay on Your Record in Texas?
A DWI conviction in Texas stays on your criminal record permanently. There is no expiration, no automatic sealing, and no deferred-adjudication pathway that removes it. But a dismissed case or acquittal can be fully expunged under Texas law.
DWI Conviction in Texas — Permanent and Non-Expungible
If you are convicted of DWI in Texas — whether by jury verdict, plea of guilty, or plea of no contest — that conviction is permanent. It does not:
• Expire after 5, 7, or 10 years
• Automatically seal or become unavailable to background checks
• Qualify for expunction (record destruction) under Tex. Code Crim. Proc. Chapter 55
• Qualify for nondisclosure (record sealing) under Tex. Gov't Code Chapter 411 in most circumstances
This means that 20 years after your DWI conviction, a standard criminal background check will still show the conviction. It can affect:
• Employment applications (the conviction shows up on background checks)
• Professional licensing (Texas regulatory agencies for nursing, teaching, law, medicine, real estate)
• Housing applications
• Military eligibility
• Security clearances
• Immigration status in some cases
The permanence of a Texas DWI conviction is the most important fact to understand when deciding whether to fight a charge.
- Tex. Code Crim. Proc. Art. 55.01 — Expunction eligibility — excludes convictions
When Can a Texas DWI Come Off Your Record?
Under current Texas law, a DWI record can be cleared only in these specific circumstances:
Acquittal (jury or directed verdict of not guilty):
Immediate eligibility for expunction under Tex. Code Crim. Proc. Art. 55.01(a)(1). All records — arrest, prosecution, court files — are ordered destroyed.
Dismissal with prejudice:
Eligible for expunction after a waiting period equal to the statute of limitations for the offense (3 years for a Class B misdemeanor DWI). Some dismissals allow immediate expunction if the prosecutor certifies you are not subject to prosecution.
Conviction — no expunction pathway:
A conviction — including probation (community supervision), deferred adjudication if imposed (rare in DWI cases), and any conviction on a guilty or no-contest plea — does not qualify for expunction. This includes cases where probation was successfully completed.
Deferred adjudication — limited nondisclosure:
Deferred adjudication for DWI is rare in Texas because courts are prohibited from imposing it in most standard DWI cases under Tex. Code Crim. Proc. Art. 42A.102. Where it does occur (very limited circumstances), nondisclosure — not expunction — may be available after a waiting period.
How a DWI Arrest (Without Conviction) Affects Your Record
If you are arrested for DWI but your case is dismissed or you are acquitted, the arrest itself still appears on your record until expunction is granted. A Texas DWI arrest with no conviction still shows up on:
• Texas DPS criminal history records
• Background checks run through third-party services that index arrest records
• DPS driver history records (related to the ALR proceeding)
After a dismissal or acquittal, you must separately file a petition for expunction in the court that handled your case. Expunction is not automatic — it requires a court order. Once granted, agencies are required to destroy or return all records.
Texas Defense Team files expunction petitions as part of our post-dismissal and post-acquittal services.
Frequently Asked Questions
Does Texas DWI come off your record after 7 years?+
No. There is no 7-year (or any other time-based) automatic removal of a DWI conviction from your Texas criminal record. Background check laws in some states limit reporting to 7 years, but Texas criminal records are not subject to this limit for conviction-level offenses. A Texas DWI conviction is permanent.
What is the difference between expunction and nondisclosure for a Texas DWI?+
Expunction destroys all records of the arrest and prosecution — it is as if it never happened legally. Nondisclosure seals the record from most public access but does not destroy it — government agencies can still see it. DWI convictions qualify for neither under current Texas law. Dismissals and acquittals may qualify for expunction.
Can an employer see a DWI on my record that happened 10 years ago in Texas?+
Yes. A Texas DWI conviction from 10 years ago — or 20 years ago — still appears on standard Texas criminal background checks. There is no time limit on how far back Texas criminal records extend for conviction-level offenses.
Does a Texas DWI affect professional licenses?+
Yes. Most Texas professional licensing boards (nursing, teaching, law, medicine, pharmacy, real estate, social work) conduct criminal background checks and evaluate DWI convictions. A DWI conviction does not automatically disqualify you from most licenses, but it requires disclosure and review — and may be a basis for denial or disciplinary action depending on the profession and circumstances.