If you’ve recently been arrested for a DWI in Texas, you’re probably lying awake at night wondering if this one mistake will haunt your job applications, housing searches, and background checks for the rest of your life. The good news? You’re asking the right question: can a DWI be expunged? And for many Texans, the answer might surprise you.
The short answer: True expungement of a DWI conviction is still rare in Texas, but recent changes to state law have opened new doors for first-time offenders. Thanks to the Texas DWI Second Chance Law (House Bill 3016), first-time DWI convictions can now be sealed through orders of nondisclosure, which is the next best thing to full expungement. Additionally, DWI charges that are dismissed, result in acquittal, or never lead to charges can often be completely expunged from your record.
If you’re sitting there with a DWI charge or conviction wondering if there’s hope for your future, you need to call Mark Thiessen of Thiessen Law Firm. We’ve made our reputation fighting for second chances and we know exactly how to leverage Texas’s evolving expungement and record sealing laws. Call us today at (713) 864-9000 and let us show you what’s possible when you have the right legal team in your corner.
What qualifies you for a DWI expungement in Texas?
Here’s the deal: while a DWI conviction can never be expunged, a DWI arrest and charges can be completely erased if your case meets certain conditions. The biggest factor? Whether your DWI arrest resulted in any type of final conviction.
Even if your Texas expungement lawyer negotiates your charge down to something lighter like reckless driving, any conviction after a DWI arrest makes expungement impossible in Texas.
So who actually qualifies for DWI expungement? You might be eligible if:
1. Your case was dismissed
If the prosecutor dismisses your charges or the judge tosses your case, you’re in prime position for expungement. This includes cases dismissed due to lack of evidence, illegal stops, or procedural violations. If your attorney gets your DWI reduced to a minor traffic violation that’s later dismissed, your original DWI arrest becomes eligible for expungement as well.
Common reasons for dismissal include:
- Breathalyzer malfunctions
- Improper field sobriety test administration
- Violations of your constitutional rights during the arrest
The key to expunction is usually that no final conviction occurs — once you’re convicted of anything related to that DWI arrest, expungement is off the table. Additionally, you typically need to wait until the statute of limitations expires before filing your expungement petition after a case dismissal.
2. You received a “Not Guilty” verdict
Beat your DWI charges in court? Congratulations — you qualify for DWI expungement in Texas and can petition to have that arrest completely erased from your record. This applies whether you went to trial or won during pretrial motions. A Not Guilty verdict means the jury or judge found the prosecution failed to prove your guilt beyond a reasonable doubt. Maybe your attorney successfully challenged the traffic stop, poked holes in the field sobriety tests, or demonstrated problems with the breathalyzer calibration.
Unlike dismissed cases, you don’t have to wait for the statute of limitations to expire after an acquittal. You can file for expungement immediately after your not guilty verdict, giving you the fastest path to clearing your record completely.
3. You were arrested but never formally charged
Sometimes arrests don’t lead to formal charges being filed. If the district attorney’s (DA) office never moved forward with prosecution, you can typically expunge the arrest record entirely. This might happen if the DA reviews your case and decides the evidence is too weak to prosecute, or if they’re backlogged and miss filing deadlines.
However, just because you weren’t immediately charged doesn’t mean you’re safe though. Prosecutors usually have up to two years (for misdemeanors) or three years (for felonies) to file charges. Once that statute of limitations expires without charges being filed, you can petition for expungement. Keep in mind that even without formal charges, that arrest record can still show up on background checks and cause problems until it’s expunged.
4. You successfully completed Pre-Trial Intervention (PTI)
If you’re accepted into and successfully complete a Pre-Trial Intervention (PTI) program, your case gets dismissed, and you can get that arrest completely expunged from your record. This is huge because PTI is actually better than Deferred Adjudication for this very reason. While both result in dismissals, only a dismissal from PTI can be expunged. A dismissal from Deferred Adjudication can only be sealed through nondisclosure.
The catch? Not every county offers PTI programs, and each has different requirements. In Harris County, you automatically qualify for PTI if you meet three simple criteria:
- You’ve never been arrested before
- You didn’t have an accident
- Your blood or breath was under 0.15
Here’s the best part: successful completion of PTI guarantees a dismissal. That’s not a maybe — that’s a promise. And at Thiessen Law Firm, we don’t just know the PTI system — we helped build it. Mark Thiessen was instrumental in working with the District Attorney’s office to create a fair and just PTI program. Plus, we just hired attorney Nathan Beedle, who actually ran the Harris County PTI program from 2016-2024. I doubt there’s anyone in Texas more familiar with the Harris County PTI program than our team.
5. Your DWI charges occurred as a minor
Juvenile DWI (which can be DWIs or DUIs in Texas) cases often have different expungement rules. If you were arrested as a minor and successfully completed all court requirements, you may qualify for expungement once you reach adulthood. Texas law recognizes that mistakes made as a juvenile shouldn’t follow you into your adult life, especially when it comes to employment and educational opportunities.
The process typically requires showing that you’ve stayed out of trouble since the juvenile offense and completed any required alcohol education programs or community service. However, the rules can vary depending on whether you were charged in juvenile court or certified to stand trial as an adult, so working with an experienced attorney familiar with juvenile expungement procedures is crucial.
Important note: Deferred adjudication probation does NOT qualify for expungement — it qualifies for record sealing through nondisclosure orders, like many first-offense DWI in Texas through the new Second Chance Law. (Learn more about DWI nondisclosure in Texas)
What disqualifies you for an expungement in Texas?
Some DWI arrests seem like slam dunks for expungement, but Texas law has some strict deal-breakers that can shut down your chances completely. Even if your case was dismissed or you were acquitted, certain factors can disqualify you from wiping your record clean. Here’s what can kill your expungement hopes:
- You were convicted of any offense arising from the DWI arrest (even a reduced charge)
- You received deferred adjudication for the DWI or any related charges
- You’re still on probation or community supervision for any offense
- You have other pending criminal charges against you
- The statute of limitations hasn’t expired on your case
- You were previously granted expungement for a different offense (with limited exceptions)
- Court records show you were placed on community supervision, even if successfully completed
The bottom line? Texas expungement law doesn’t mess around with second chances — you typically get one shot, and it has to be clean.
But not all hope is lost. If any of these disqualifying factors apply to your situation, don’t panic. You might still qualify for record sealing through an order of nondisclosure, which can give you many of the same benefits as full expungement.
DWI expungement in Texas — FAQs
Can you get a DWI removed from your record in Texas?
Yes, but only under specific circumstances. If your DWI case was dismissed, you were acquitted, or you were never formally charged, you can pursue full expungement to completely erase the arrest from your record. For first-time convictions, Texas’s Second Chance Law now allows record sealing through nondisclosure orders, which hides your DWI in Texas first offense from most background checks.
How long does a DWI remain on your record?
Without legal action, a DWI stays on your record forever in Texas — there’s no automatic removal after a certain number of years. However, qualified first-time offenders can petition for record sealing after completing a waiting period of either two years (with ignition interlock) or five years (without interlock). Working with an experienced DWI defense attorney can help you understand your options for clearing or sealing your record.
Can a felony DWI be expunged in Texas?
A felony DWI in Texas conviction cannot be expunged, period — Texas law specifically excludes felony convictions from expungement eligibility. However, if your felony DWI charges were dismissed or you were acquitted, you may qualify for full expungement of the arrest record. For active cases, hiring a skilled DWI attorney in Houston who understands the complexities of felony DWI defense is vital for protecting your future.
Need a DWI Expungement in Texas? Call Thiessen Law Firm Today for Help.
So, can a DWI be expunged? Yes, but we won’t lie to you –– if you are arrested and charged with a DWI, the process of getting it off of your record can be a difficult and drawn-out process. However, that doesn’t mean all hope is lost. With the right DWI defense attorney, a positive outcome is possible.
If you need a criminal record or DWI expungement in Texas, Houston DWI lawyer Mark Thiessen and the team at Thiessen Law Firm can help. He has a proven track record of getting our clients the results they deserve including a “Not Guilty” verdict. Just because you’re in a bad situation now doesn’t mean it has to impact the rest of your life.
Call Thiessen Law Firm at (713) 864-9000 or fill out our online form to schedule a free consultation today. Your future freedoms may depend on it.
More Helpful Articles by Thiessen Law Firm:
- How to Get a DWI Dismissed in Texas
- Rights During a Traffic Stop the Police Don’t Want You to Know
- Understanding DWI Car Insurance in Texas
- What is Criminally Negligent Homicide?
- How Do the Texas Assault Laws Work?
