How Long Does a DWI Stay on Your Record in Texas?
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Convictions stay forever
If you are convicted of DWI in Texas — whether through plea or trial — the conviction is permanent. There is no expunction available for DWI convictions under Code of Criminal Procedure ch. 55. There is no nondisclosure available for DWI convictions under Government Code Chapter 411 (with limited exceptions for very narrow circumstances).
What "permanent" means:
- Visible on standard background checks indefinitely
- Appears on Texas DPS criminal history records
- Appears on FBI/NCIC federal records
- Visible to employers, licensing boards, immigration authorities
- Cannot be removed except by appellate reversal or governor's pardon
This is one of the most consequential aspects of Texas DWI law. Choosing between conviction and deferred adjudication at the plea stage determines whether the record is permanent or potentially sealable.
Deferred adjudication: sealable
Texas authorized deferred adjudication for first DWI starting in 2019 (HB 3582). For first DWI cases that qualify, deferred adjudication offers a path to no-conviction outcome:
- Defendant pleads guilty
- Court defers entry of conviction
- Probation conditions imposed (typically 12-24 months)
- Successful completion = case dismissed, no conviction enters
After successful completion, the case is eligible for nondisclosure under Government Code §411.0731:
- 2-year waiting period from discharge date for cases involving BAC under 0.15
- 5-year waiting period for cases involving BAC 0.15+
- No additional DWI offenses during waiting period
- No other disqualifying offenses
Once the order of nondisclosure issues, the record is sealed from most employers, landlords, and licensing boards. Law enforcement, government agencies, and certain regulated industries (banking, healthcare, education) retain access.
Dismissals and acquittals: expungeable
Where the DWI case ends without conviction or deferred adjudication, expunction is available under Code of Criminal Procedure ch. 55:
- Dismissed cases: Expunction-eligible immediately upon dismissal in most cases
- Acquittals (not guilty verdict): Expunction-eligible 30 days after acquittal becomes final
- Cases never filed: Expunction-eligible after applicable statute of limitations
- Pretrial diversion completion: Expunction-eligible upon completion under Code of Criminal Procedure art. 55.01(a)(2)(A)(ii)
Expunction completely removes the record — from court files, DPS records, and most third-party databases. After expunction, the defendant can legally deny the arrest occurred (with limited exceptions for licensing applications and similar regulated contexts).
Expunction is more powerful than nondisclosure but is available only in narrower circumstances.
Practical timeline summary
Different dispositions, different timelines:
| Disposition | Time on record | Removal mechanism |
|---|---|---|
| Dismissal | Until expunction | Expunction available immediately |
| Acquittal | Until expunction | Expunction 30 days after acquittal |
| Pretrial diversion completion | Until expunction | Expunction upon completion |
| Deferred adjudication completion (BAC under 0.15) | 2 years until sealing | Nondisclosure after 2 years |
| Deferred adjudication completion (BAC 0.15+) | 5 years until sealing | Nondisclosure after 5 years |
| Conviction | Permanent | None (absent appellate reversal or pardon) |
The realistic goal in most first-DWI cases is to land at deferred adjudication if dismissal is not achievable. The 2-year vs. permanent record distinction is the most consequential aspect of Texas DWI plea negotiation.
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Will my DWI show up on a background check after 7 years?
A DWI conviction will appear indefinitely. Some background check companies use a 7-year window for some types of records, but DWI convictions appear on TxDPS, FBI, and most comprehensive background checks for life unless sealed via nondisclosure. The "7-year rule" is a misconception — it doesn't apply to permanent convictions.
Can a DWI be removed from my driving record specifically?
The Texas Department of Public Safety driving record is separate from the criminal court record. Driving record entries (suspensions, surcharges) are kept for varying periods under Transportation Code rules. Some entries become "purgeable" after 5-10 years; others remain longer. Driving record cleanup is separate from criminal record cleanup.
What if I got a DWI in another state?
Out-of-state DWI convictions appear on Texas-based background checks through the National Crime Information Center (NCIC) database. Texas nondisclosure or expunction does not affect out-of-state records. Each state has its own record-clearing procedures. An out-of-state DWI may be removable under that state's laws but requires separate proceedings.
Can my employer ask about a sealed DWI?
Most private employers cannot see records sealed via nondisclosure on standard background checks. Texas law also prohibits employers from asking about non-conviction records (arrests, dismissals, etc.) in many contexts under Texas Labor Code. Regulated industries (financial services, healthcare, education, transportation, government) typically have broader access to records and may see sealed cases.
Does sealing apply to immigration consequences?
No. Federal immigration law uses its own definition of "conviction" that includes deferred adjudications and even some sealed records (Matter of Roldan-Santoyo, 22 I&N Dec. 512). For non-citizens, immigration consequences must be analyzed separately from Texas record-clearing options. Padilla v. Kentucky requires defense counsel to advise on immigration consequences before any plea.
