Can You Get a DWI Expunged in Texas?
A DWI conviction cannot be expunged in Texas. But if your DWI was dismissed or you were found not guilty, the arrest and all court records can be destroyed through the expunction process under Tex. Code Crim. Proc. Chapter 55. Here is how it works.
DWI Expunction Eligibility in Texas — The Clear Rules
Texas expunction law (Tex. Code Crim. Proc. Chapter 55) is specific about what qualifies:
ELIGIBLE for expunction:
• Acquittal — jury verdict or directed verdict of not guilty
• Dismissal with prejudice (case thrown out, state cannot refile)
• No-bill from a grand jury (rare in misdemeanor DWI cases)
• Conviction followed by a full pardon by the Governor (very rare)
• Conviction overturned on appeal with no new trial ordered
NOT ELIGIBLE for expunction:
• DWI conviction — regardless of whether probation was completed
• Deferred adjudication (in the limited cases where it exists for DWI)
• No-contest pleas that resulted in conviction
Wait period for dismissals:
If your DWI was dismissed but without a certification that you are not subject to prosecution, you must wait for the statute of limitations to expire before petitioning — 3 years for a Class B misdemeanor DWI. Some dismissals qualify for immediate expunction.
- Tex. Code Crim. Proc. Art. 55.01(a) — Expunction eligibility — acquittal, dismissal, pardon
- Tex. Code Crim. Proc. Art. 55.01(b) — Waiting period requirements for certain dismissals
The Texas DWI Expunction Process — Step by Step
1. Determine eligibility: Confirm that your case outcome qualifies and any required waiting period has passed.
2. File the expunction petition: The petition is filed in the district court of the county where the arrest occurred. If you were arrested in Williamson County, the petition is filed in Williamson County District Court.
3. Serve all relevant agencies: All agencies that have records related to your arrest — DPS, the arresting agency, the DA's office, SOAH (if ALR hearing was held), and any private background check companies — must be served with the petition.
4. Attend the hearing: The court sets a hearing date typically 30–60 days after filing. Most expunction hearings are uncontested if eligibility is clear.
5. Court order issued: If granted, the order requires all named agencies to destroy or return their records within a set period (typically 60 days).
6. Effect: After the order is enforced, you may legally deny that the arrest and prosecution occurred in most contexts — job applications, housing applications, and everyday questions. You are restored to the position you were in before the arrest.
What a DWI Expunction Does — and Doesn't Do
What expunction does:
• Requires DPS to destroy its records of the arrest
• Requires the court to destroy case files
• Requires law enforcement agencies to return or destroy their records
• Allows you to legally deny the arrest and prosecution ever occurred in most contexts
• Removes the record from background checks that query government databases
What expunction does not do:
• It does not remove records from third-party background check companies that already compiled the information before the order (you can send cease-and-desist notices, but this takes additional effort)
• It does not erase media coverage of your arrest
• It does not affect DPS driver history records related to ALR suspensions (those are civil administrative records, not criminal records)
For most practical purposes — employment, licensing, housing — an expunction effectively clears the record.
Frequently Asked Questions
Can I get my DWI expunged if I completed probation in Texas?+
No. Completing DWI probation means you were convicted of DWI. A DWI conviction in Texas cannot be expunged under Tex. Code Crim. Proc. Chapter 55, regardless of how long ago it occurred or whether all probation conditions were fulfilled. This is one of the most significant reasons to fight a DWI charge rather than accept a conviction.
How long does a Texas DWI expunction take?+
After the petition is filed, the court typically schedules a hearing within 30-60 days. After the order is granted, agencies have a set period (often 60 days) to comply. Total process from filing to completion: approximately 3-6 months.
What is the difference between expunction and nondisclosure in Texas?+
Expunction destroys all government records — the arrest, the prosecution, and all case files. Nondisclosure seals the record from most public access but does not destroy it. For DWI cases: a conviction qualifies for neither under current Texas law. A dismissal may qualify for expunction. Nondisclosure is not typically available for DWI-related outcomes.