An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Can a DWI be sealed in Texas?
In short: Sometimes. An eligible first DWI can be sealed with an order of nondisclosure after a waiting period: 2 years after deferred adjudication (Government Code 411.0726); 2 years after community supervision with at least 6 months of interlock, otherwise 5 years (411.0731); or 3 years after a sentence with at least 6 months of interlock, otherwise 5 years (411.0736). A DWI conviction cannot be expunged.
What does nondisclosure do?
It bars most public and private entities from disclosing the record. Law enforcement, courts and certain licensing agencies can still see it, and it can still be used to enhance a future DWI.
Who is not eligible?
The statutes exclude, among others, people with certain prior convictions and cases with aggravating facts such as a test result of 0.15 or more or an accident involving another person. Check the exact statute for your situation.
What about expunction?
Expunction erases the record, but it is generally available only for arrests that ended in acquittal or certain dismissals, not for a conviction or completed probation.
More: expunction and nondisclosure.
Who is eligible for DWI nondisclosure?
In general, the person must have a first DWI conviction or deferred adjudication, with an alcohol concentration below 0.15, and the offense must not have involved a motor vehicle accident with another person (including a passenger). The person must not have a prior conviction or deferred adjudication for any offense other than a fine-only traffic offense, and must have completed the sentence, including any community supervision. Other conditions in Government Code 411.0731 and 411.0736 apply.
| How the case ended | Waiting period | Statute |
|---|---|---|
| Deferred adjudication (offense on or after Sept. 1, 2019) | 2 years after dismissal and discharge | Gov. Code 411.0726 |
| Conviction with community supervision | 2 years with at least 6 months of interlock; otherwise 5 years | Gov. Code 411.0731 |
| Conviction with jail or fine only | 3 years with at least 6 months of interlock; otherwise 5 years | Gov. Code 411.0736 |
How does the process work?
- Confirm the case details: the alcohol concentration, whether there was an accident, and the completion date.
- Wait until the waiting period ends.
- File a petition for nondisclosure in the court that handled the case.
- The prosecutor may respond, and the judge decides whether nondisclosure is in the best interest of justice.
- If granted, the order is sent to the Department of Public Safety and other agencies.
Who can still see a sealed DWI?
Law enforcement, prosecutors, courts and certain licensing agencies can still see records sealed by nondisclosure. The public, including most private employers and landlords, generally cannot see them through official sources.
Can a DWI be expunged instead?
Only if the case did not result in a conviction or community supervision, such as a dismissal, a no-bill or an acquittal, subject to waiting periods. A DWI deferred adjudication is not eligible for expunction. See expunction and nondisclosure.
Why does the case outcome matter so much?
An alcohol concentration of 0.15 or more, an accident involving another person, or a prior offense can make nondisclosure unavailable. That is one reason to look at the long-term record consequences before agreeing to any plea.
What should I bring to a consultation?
- Bond paperwork, citations and any order you were given
- Court dates and case numbers, if you have them
- A written timeline of what happened
- Names of witnesses
- Any documents, messages or photos that relate to the case
Where are these cases heard outside Dallas?
We handle these cases from our only office, in downtown Dallas, in the courts of 12 North Texas counties. Each county page explains where DWI cases are heard and who prosecutes them: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
Examples
- First DWI, 0.11 breath test, no accident, community supervision with 6 months of interlock: may be eligible 2 years after completing supervision (411.0731).
- First DWI, 0.17 blood test: not eligible for DWI nondisclosure because the concentration was 0.15 or more.
- First DWI, minor fender bender with another car: generally not eligible because the offense involved an accident with another person.
- First DWI, deferred adjudication for an offense after September 1, 2019: may be eligible 2 years after dismissal and discharge (411.0726).
- Second DWI: not eligible for DWI nondisclosure.
These are simplified examples. Eligibility depends on the full record and the court's decision.
Key terms
- Order of nondisclosure
- A court order that seals criminal records from the public, though criminal justice agencies can still see them.
- Expunction
- A court order that requires records of an arrest to be destroyed or returned.
- Deferred adjudication
- Supervision without a finding of guilt; if completed, the case is dismissed.
- Ignition interlock
- A breath-testing device installed in a vehicle that prevents it from starting if alcohol is detected.
- Community supervision
- The Texas term for probation.
Common mistakes to avoid
- Talking about the facts with police, friends or on social media
- Missing a court date or a bond condition
- Assuming the case will be dropped without action
- Waiting until the last minute to gather records and witnesses
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Can a DWI be expunged in Texas?
Not after a conviction. Expunction is generally available only for acquittals and certain dismissals.
Does a sealed DWI count for enhancement?
Yes. A nondisclosed DWI can still be used to enhance a later DWI.
Can a DWI with an accident be sealed in Texas?
Generally not, if the offense involved a motor vehicle accident with another person, including a passenger.
Who can see a DWI after nondisclosure?
Law enforcement, courts, prosecutors and certain licensing agencies. Most private employers cannot see it through official sources.
Does DWI nondisclosure apply to a second DWI?
No. DWI nondisclosure under Government Code 411.0731 and 411.0736 is limited to a first offense.
Do I have to tell employers about a sealed DWI?
Generally you do not have to disclose a matter covered by nondisclosure in response to questions about criminal history, with exceptions for certain licensing agencies.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.