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 you get a DWI expunged in Texas?
In short: Only if the DWI did not end in a conviction or court-ordered probation. A DWI arrest can be expunged after an acquittal, or if the case was never filed, was dismissed after a completed pretrial intervention program, or was dismissed for lack of probable cause (Code of Criminal Procedure 55A.052 and 55A.053). A conviction or deferred adjudication cannot be expunged.
What is the difference between expunction and nondisclosure?
An expunction orders agencies to destroy or return records of the arrest, and you may generally deny the arrest occurred. A nondisclosure order seals the record from the public but keeps it available to criminal justice agencies and some licensing boards. Expunction is for cases that did not lead to a conviction or probation. Nondisclosure is the option for many first DWIs that did.
When can a DWI arrest be expunged?
- Never filed: if no charge was filed, after the waiting period in article 55A.052 (one year from arrest for a Class A or B misdemeanor), or sooner if the prosecutor certifies the records are not needed.
- Dismissed after pretrial intervention: if the case was dismissed because you completed a pretrial intervention program (55A.053(a)(2)(C)).
- Dismissed for lack of probable cause or a void charge: 55A.053(a)(2)(D) and (E).
- Acquitted: a not guilty verdict generally allows expunction.
Why does deferred adjudication block expunction?
Expunction under this subchapter requires that there was no court-ordered community supervision for the offense, other than for a Class C misdemeanor (55A.051). Deferred adjudication is a form of community supervision, so even after dismissal it rules out expunction. For a first DWI, Government Code 411.0726 allows a nondisclosure petition 2 years after the deferred is completed and dismissed, if there was no collision involving another person and no prior conviction or deferred other than a fine-only traffic offense.
Is DWI diversion available?
Some prosecutors offer pretrial intervention or diversion for certain first-time DWI cases, with conditions such as classes and monitoring. Availability and terms change and vary by county. Completing such a program and getting a dismissal is often the path that preserves expunction.
What should I do now?
- Find out exactly how your case ended, from the court's records.
- If you received deferred adjudication, check the dismissal date for the 2-year waiting period.
- If the case was dismissed, confirm the reason for the dismissal.
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.
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 conviction ever be expunged?
Generally no, unless the person later receives a pardon or is found actually innocent.
Does probation for a DWI prevent expunction?
Yes. Court-ordered community supervision, including deferred adjudication, rules out expunction under article 55A.051.
How long after a dismissal can I expunge a DWI?
It depends on the reason for the dismissal. Some dismissals allow an immediate petition; others require a waiting period.
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.