If you’ve been arrested for driving while intoxicated (DWI) in Texas, you may be wondering if it’s possible to have your record wiped clean. A DWI charge can have long-term consequences, distancing you from employment opportunities, raising insurance rates, complicating family dynamics, and damaging your personal reputation. While DWI expungement is possible in certain cases, Texas law has strict requirements regarding who qualifies.
If you’re seeking a fresh start, consulting with an experienced attorney can help clarify your options. Guzman Law Firm is here to assist individuals facing DWI charges and can help determine the best course of action. Call us today at (956) 516-7198 or schedule online for a free consultation and review of your case.
What is DWI expungement?
DWI expungement refers to the legal process of removing a DWI arrest or other criminal charge from your record. When a record is expunged, it is effectively erased, meaning it will not appear in background checks or public records. This can provide relief to those seeking employment, housing, or professional licensing.
In Texas, expungement is typically only available under limited circumstances. Unlike some other offenses, DWIs are difficult to remove from a record due to the state’s stringent laws surrounding drunk driving criminal offenses. Understanding whether you qualify for expungement requires examining the specifics of your case, including the final outcome of your DWI charge.
Can a DWI be expunged in Texas?
DWIs can be expunged, but very rarely. In Texas, only specific situations qualify for DWI expungement. If your case falls into one of the following categories, you may be eligible to have the charge removed from your record:
- Your DWI charge was dismissed. If your DWI case was dismissed without a conviction, you may qualify for expungement.
- You were acquitted at trial. If you fought your DWI charge in court and were found not guilty, you can petition for expungement.
- You were arrested but never formally charged. If you were arrested for DWI but the prosecutor chose not to file charges, you might be eligible for expungement after a waiting period.
- Your case was no-billed by a grand jury. If the grand jury decided there was insufficient evidence to proceed with the case, you may qualify for an expungement.
However, certain circumstances do not qualify for DWI expungement in Texas:
- You were convicted of DWI. If you pled guilty or were found guilty in court, your conviction cannot be expunged.
- You completed probation for a DWI conviction. While deferred adjudication may be available for certain offenses, it does not apply to standard DWI convictions.
- You received a conviction for a lesser charge as part of a plea deal. Even if you avoided a full DWI conviction, a conviction for a related offense typically cannot be expunged.
Each case is unique, so speaking with a DWI attorney can help you determine whether you qualify for expungement.
What is the difference between a DWI charge and a conviction?
It’s important to understand that a charge is not a conviction. Understanding the distinction between a DWI charge and a conviction plays into determining expungement eligibility. If you’ve been charged but not convicted for DWI, you can (and should) continue to fight:
| DWI Charge | DWI Conviction |
| You were arrested and formally accused of driving while intoxicated. If your case was dismissed or you were acquitted, you may be eligible for expungement. | You pled guilty, no contest, or are found guilty in court. Convictions typically remain on your record permanently; you are NOT eligible for expungement, though some may qualify for record sealing. |
If your case resulted in a conviction, your best option may be seeking a non-disclosure order under Texas’s Second Chance Law (more on that below), rather than full expungement.
What is the Second Chance Law in Texas for DWI?
The Texas DWI Second Chance Law, also known as House Bill 3016, provides an opportunity for individuals with a first-time DWI conviction to have their records sealed. While it is not the same as expungement, sealing a record under this law means that most employers and the general public will not have access to the charge.
To qualify for the Second Chance Law, you must meet the following criteria:
- It must be your first DWI offense in Texas.
- Your blood alcohol concentration (BAC) must have been below 0.15.
- You must have completed any court-ordered probation successfully.
- You must not have had any additional criminal charges.
Although this law does not completely erase a DWI conviction, it can significantly reduce its impact on your life. If you are not eligible for expungement, the Second Chance Law may be an alternative worth exploring.
How long does a DWI stay on your driving record in Texas?
In Texas, a DWI stays on your criminal record permanently unless expunged or sealed. This means that unless you qualify for expungement or a non-disclosure order, your DWI can appear on background checks indefinitely.
For driving records, a DWI generally remains for lifetime tracking, though some insurance companies and employers may look back only a certain number of years. However, repeated offenses or serious violations may have longer-lasting implications — and that goes for getting a DWI with a CDL in Texas as well.
Given the long-term consequences, individuals charged with DWI should consult with an attorney as early as possible to explore potential dismissal or expungement options.
How a Texas DWI attorney can help
Navigating Texas’s strict DWI expungement laws requires a deep understanding of legal procedures and eligibility criteria. If you need help with a DWI and don’t know what do to next, a skilled Texas DWI attorney can:
- Review your case to determine if you qualify for expungement or record sealing.
- Advocate for case dismissal if your DWI is still pending, increasing your chances of later expungement.
- File for a non-disclosure order if full expungement isn’t an option.
- Challenge prior convictions based on legal errors or procedural mistakes.
- Represent you in hearings to fight for your rights and protect your future.
If you’ve been charged with a DWI in Texas, consulting with an attorney early in the process can help you explore all available legal options and minimize long-term consequences.
Charged with DWI but not convicted? Call Guzman for a clean slate.
If you’ve been arrested for DWI in Texas, but your case was dismissed or resulted in a not-guilty verdict, you may be eligible for DWI expungement. If you’ve been charged with DWI and your case has yet to be resolved, hiring an attorney can help you fight for an outcome that allows you to seek expungement and move on from your DWI — for good. Clearing your record can open doors to new job opportunities, better insurance rates, and greater peace of mind.
At Guzman Law Firm, we understand the complexities of Texas DWI laws and are committed to helping clients fight for a clean record. If you believe you may qualify for expungement or a non-disclosure order, don’t wait — contact attorney Javier Guzman today online or over the phone at (956) 516-7198 to discuss your legal options and take the first step toward a fresh start.
More Helpful Articles by Guzman Law Firm:
- When Can the Police Search Your Car?
- How to Choose the Best DWI Lawyer in San Antonio
- Second DWI in Texas: Penalties and Defenses
- How Long Does a Divorce Take in Texas?
- Can You Sue the Insurance Company?
