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Two different remedies
Two distinct mechanisms exist for clearing a Texas DWI from public access:
- Nondisclosure (sealing) — restricts public access to the record but does NOT delete it. Available for first-DWI convictions after waiting periods. Governed by Tex. Gov't Code Chapter 411.
- Expunction — physically deletes the arrest record. Available only when the case ends in acquittal, dismissal not from a plea bargain, or pardon. Governed by Tex. Code Crim. Proc. Chapter 55.
A DWI CONVICTION is never eligible for expunction. A DWI ARREST that didn't lead to conviction may be eligible.
DWI nondisclosure — Tex. Gov't Code § 411.0731
For decades Texas had no nondisclosure path for DWI. The 2017 legislature added Tex. Gov't Code § 411.0731 specifically authorizing nondisclosure of certain first-DWI convictions.
Eligibility
Under § 411.0731, the conviction qualifies for nondisclosure only if ALL of the following are met:
- First DWI offense. No prior conviction for any offense other than traffic offenses punishable by fine only.
- BAC under 0.15. Class A DWI under § 49.04(d) is explicitly excluded — convictions where the analyzed BAC was 0.15 or higher cannot be sealed.
- No accident with injury. The offense cannot have involved an accident where any person was injured (other than the defendant).
- Successful probation completion OR sentence served. If probated, the probation must have been successfully completed (no revocations, no early termination via violation).
The petition itself must be filed in the court that handled the criminal case.
Waiting periods
| Scenario | Wait after probation |
|---|---|
| Probation included ignition interlock for at least 6 months | 2 years |
| Probation did NOT include 6+ months of interlock | 5 years |
The interlock distinction incentivizes defendants and courts to include interlock as a probation condition even when not statutorily required, to qualify the case for faster nondisclosure later. Some defense attorneys advise voluntarily accepting interlock for this reason.
What nondisclosure does (and doesn't) do
Nondisclosure does:
- Remove the conviction from most public background-check databases
- Allow you to lawfully deny the conviction on most employment, housing, and educational applications
- Block disclosure to most private background-check companies and lenders
Nondisclosure does NOT:
- Delete the record (it still exists; only access is restricted)
- Block access by law enforcement, prosecutors, courts, or certain state agencies
- Block access by certain professional licensing boards (medical, legal, real estate, financial) — many of these can still see the conviction
- Block access by certain employers required by law to do enhanced background checks (school districts, healthcare facilities, financial institutions, child-care providers)
- Eliminate the ALR suspension or DPS surcharge history
- Eliminate the DWI for enhancement purposes — a sealed prior DWI still counts as a prior if you're later arrested for DWI again
The petition process
After the waiting period:
- Petition for an Order of Nondisclosure filed in the court of conviction
- Statutory waiting period verification + eligibility documents (probation completion certificate, no-prior-convictions certification)
- State files a response (typically no opposition if eligibility is clear)
- Hearing (some courts; others rule on the petition without hearing)
- If granted, the court signs the Order of Nondisclosure
- DPS and other agencies are notified to restrict access to the record
The process typically takes 30-90 days from filing. Costs include a court filing fee and (usually) attorney fees.
Expunction — Tex. Code Crim. Proc. Chapter 55
Expunction physically deletes the arrest record. It's not available for DWI convictions, but it IS available when:
- The defendant was acquitted at trial
- The case was dismissed and the dismissal was not the result of a plea bargain to another offense
- The defendant received a pardon
- The arrest was made but no charges were ever filed AND the statute of limitations has expired
For DWI specifically, the most common expunction scenarios are: case dismissed for lack of probable cause for the stop, case dismissed due to lab error or unavailable witness, or arrest where no charge was ever filed.
Expunction is a separate civil proceeding (not a criminal motion). The petition must be filed in the district court of the county where the arrest occurred. After expunction, you can lawfully deny the arrest ever occurred for most purposes.
What about deferred adjudication for DWI?
Deferred adjudication is NOT available for DWI in Texas (Tex. Code Crim. Proc. art. 42A.102(b) explicitly excludes DWI from deferred). This means the standard "successfully complete deferred → seal record" path used for many Texas offenses doesn't apply to DWI. The § 411.0731 first-DWI nondisclosure exists precisely because deferred isn't available — it's a partial substitute available only after successful probation.
Bottom line
Texas allows a first DWI conviction with no aggravating factors (BAC under 0.15, no accident with injury, no priors) to be sealed via nondisclosure 2-5 years after probation. Full expunction is available only for DWIs that ended in acquittal or dismissal. Both processes require petition to the court and don't happen automatically. Consult a Texas-licensed criminal defense attorney as the waiting period nears.
Related guides
- First DWI in Texas: penalties, fines, license consequences
- Felony DWI in Texas: DWI 3rd and child-passenger DWI
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