Can a DWI Be Sealed in Texas?

Got a DWI in Texas and wondering if you can get it off your record? You’re not alone. DWI charges in Texas can follow you around like a scorned ex-girlfriend, affecting everything from job opportunities to applications for housing. What’s there to be done? Can you apply for expungement? Can a DWI be sealed in Texas?

For years, Texans with DWI convictions had no hope of clearing their records — these charges were permanent, period. But there’s some good news: recent changes to Texas law have opened new doors for certain DWI offenders. If you’re looking for a second chance, you might just qualify to have your DWI record sealed. In this article, we’ll break down exactly how DWI record sealing works in Texas, who qualifies, and how you might make it happen.

If you’re still facing that DWI charge, know that you can still fight for your future. Whether you’re looking for an iron DWI defense or just need expungement assistance, call Thiessen Law Firm today at (713) 864-9000 to take your next step.

How long does a DWI stay on your driving record in Texas?

Without taking legal action, a DWI conviction in Texas sticks around forever. That’s right — the Texas Department of Public Safety (DPS) keeps these records indefinitely. This means potential employers, landlords, and nosy neighbors running background checks will see your DWI forever. And don’t forget about insurance companies — they’ll keep hitting you with sky-high premiums as long as that DWI is visible.

It’s important to understand that your Texas driving record has two separate parts affected by a DWI:

The criminal record of your DWI arrest and conviction (maintained by Texas DPS)
The administrative driving record (including administrative license suspensions and other penalties)

Even if you manage to address the criminal side of your DWI, those administrative consequences might still be lurking on your driving record. Knowing this distinction, and making sure to address both records, can help out immensely when exploring your options for clearing your name.

How does expungement in Texas work?

Expungement (or “expunction” as it’s called in Texas legal speak) is the golden ticket of record clearing. When a record is expunged, it’s completely wiped away — all information related to the case gets destroyed, and legally, you can deny the arrest or charge ever happened. It’s like hitting the reset button on that part of your life.

The Texas expungement process involves:

Filing a Petition for Expunction with the district court where your arrest occurred
Paying filing fees (typically $200 – $400)
Attending a court hearing where a judge decides if you qualify
If approved, receiving an Order of Expunction that forces all agencies to destroy records of your case

Here’s the catch: traditionally, DWI convictions in Texas have been excluded from expungement. You could only expunge a DWI if you were acquitted, your case was dismissed, or you were arrested but never charged. But don’t lose hope — recent law changes have created new possibilities for first-time offenders.

Continue reading: How to expunge your record in Texas

What is the new Texas law for DWI expungement?

There have been a few important changes to DWI expungement in Texas over the last handful of years. In 2018, Texas passed House Bill 3016 (aka the new expungement law in Texas or Second Chance Law), which for the first time created a path for sealing certain first-time DWI convictions. The law was further improved in 2019 by House Bill 3582, which expanded eligibility.

Under the Second Chance Law, first-time DWI offenders may be eligible for an order of nondisclosure in Texas if:

Their BAC was under 0.15
The incident didn’t involve an accident with another person
They have no prior convictions or deferred adjudication for other offenses
They complete all terms of their sentence, including any interlock device requirements

There are a couple of important waiting periods related to these new record-sealing opportunities:

Two years from completing your sentence if you used an ignition interlock device for at least six months
Five years from completing your sentence without the use of an interlock device

These laws represent a major shift in Texas policy, which previously offered no relief for DWI convictions no matter how much you’d cleaned up your act. Now, your first-offense DWI can be sealed even if you are convicted as long as you meet the above criteria — and an order of nondisclosure is the next best thing to expungement in Texas.

What is an order of nondisclosure in Texas?

An order of nondisclosure (sometimes called record sealing) is expungement’s slightly less powerful cousin. While expungement erases records completely, nondisclosure seals them from public view but still allows access by law enforcement and certain government agencies.

When your record is sealed through nondisclosure:

The general public (including nosy employers and landlords) can’t see your record.
Law enforcement, government officials, and certain licensed professionals can still access it.
You can legally deny the conviction when asked by most private entities.

Orders of nondisclosure have become a lifeline for DWI cases in Texas thanks to House Bills 3016 and 3582.

What charges can be sealed in Texas?

Texas law allows a handful of offenses to be sealed through orders of nondisclosure, mainly non-violent misdemeanors and certain felonies. Like we said, before HB 3016, DWIs were specifically excluded from this list — no matter the circumstances, you were out of luck — but now qualify for sealing under certain circumstances.

Charges that generally qualify for sealing in Texas include:

Most non-violent misdemeanors after a waiting period
Certain felonies for first-time offenders who complete deferred adjudication
First-time DWI offenses that meet strict eligibility requirements

Charges that remain ineligible for sealing include:

Sexual offenses
Family violence cases
Repeat DWI offenses
DWIs involving accidents with injuries
DWIs with a blood alcohol concentration (BAC) of 0.15 or higher

How can a DWI case be dismissed in Texas?

Having your DWI case dismissed is your best shot at protecting your record. A DWI case might get tossed out in Texas for several reasons:

Lack of probable cause for the traffic stop. If the officer pulled you over without legal justification, evidence from the stop might be suppressed, which might mean dismissal of your case.
Improper administration of field sobriety tests. Standardized field sobriety tests are designed to be failed and are often incorrectly administered. Even if the officer didn’t mess up the procedure, the results could be thrown out.
Issues with breath or blood testing. Much like sobriety tests, problems with BAC testing run rampant; issues with testing equipment, improper handling of samples, or violations of testing procedures can all give your attorney ammunition to challenge the evidence.
Insufficient evidence. If the prosecution can’t prove all elements of a DWI beyond a reasonable doubt, your case may be dismissed. Sometimes it’s as simple as that.
Participation in pretrial diversion programs. Some counties offer programs that, upon successful completion, result in case dismissal. A good DWI lawyer will be able to tell you about what alternative sentencing options you have available.

Your chances of getting your DWI dismissed go up exponentially if you hire an attorney who knows how to fight a DWI and win, like those at Thiessen Law Firm.

Can a DWI be reduced in Texas?

Can’t get your case dismissed? Sometimes, you can negotiate a reduction of DWI charges to a lesser offense. Common reduced charges include:

Obstruction of a highway
Reckless driving
Public intoxication

These reduced charges typically carry lighter penalties and less stigma than a DWI conviction. Even better, unlike DWI convictions, these reduced charges may be eligible for nondisclosure without all the special restrictions that apply to DWI cases. Getting a charge reduction usually happens through plea negotiations between your defense attorney and the prosecutor. Factors that might help your case include:

BAC results close to the legal limit
Clean prior driving history
Completion of alcohol education programs

Working with an experienced DWI attorney dramatically increases your chances of negotiating a favorable reduction. Don’t try to handle these negotiations yourself — prosecutors eat DIY defendants for breakfast.

Texas DWI expungement requirements

Unfortunately, true DWI expungement is still only available under very specific circumstances. Some scenarios in which you might qualify for a DWI expungement include:

You were acquitted in a court of law
You were charged but your case was ultimately dismissed
You were arrested but never charged
You were convicted but either later found innocent or pardoned

Now obtaining an order of nondisclosure under the Second Chance Law is much more likely. The requirements for record sealing under HB 3016 include:

It must have been a first-time offense.
Your BAC must have been under .15%.
You cannot have been involved in an accident with another person, including passengers in your vehicle.
You must complete all court terms.
You must complete the relevant waiting period.

DWI penalties in Texas

Texas is tough on those convicted of DWI offenses, but not all charges are made alike. For instance, consequences for a third DWI in Texas will be much more severe than those for a first-offense DWI — and aggravating factors only up the stakes.

Offense	Charge	Maximum fine	Potential jail time
First offense DWI	Class B misdemeanor	$2,000	Up to 180 days
First offense DWI with BAC greater than .15%	Class A misdemeanor	$4,000	Up to 1 year
Second offense DWI	Class A misdemeanor	$4,000	Up to 1 year
Third or fourth offense DWI	Third-degree felony	$10,000	2 – 10 years
DWI with child passenger	State jail felony	$10,000	180 days – 2 years
Intoxication assault	Third-degree felony	$10,000	2 – 10 years
Intoxication manslaughter	Second-degree felony	$10,000	2 – 20 years

And don’t forget the additional penalties: mandatory alcohol education programs, community service, probation, and insurance premiums that will make your eyes water. This is why hiring the best DWI attorney available and exploring all options for record relief is absolutely essential if you want to protect your future.

Continue reading: Is a DWI a felony in Texas?

Fight your DWI with Thiessen Law Firm

Can a DWI be sealed in Texas? Yes! Thanks to HB 3016 (the Second Chance Law) first-time DWIs need not follow you around for the rest of your life — but you may not be able to secure one alone. That’s where Thiessen Law Firm comes in. We have a proven track record of defending DWI cases and helping clients clear their records through expungement and nondisclosure processes, as well as fighting and winning tough DWI cases in a court of law.

The Houston expunction lawyers at Thiessen Law Firm understand all the twists and turns of Texas’ evolving DWI laws and can help you determine the best strategy for your situation. Whether you’re facing current DWI charges or seeking to clear a past conviction, we offer aggressive representation that you can count on.

Don’t let a DWI permanently alter your future. Give us a call today at (713) 864-9000 or contact us online to find out what you can do about it.

More Helpful Articles by Thiessen Law Firm:

Can You Get a DWI for Weed in Texas?
Can You Refuse a Field Sobriety Test?
Can You Refuse a Breathalyzer?
What Does “Intoxicated” Mean for a DWI?
DWI with CDL: Can I get a CDL with a DWI?

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