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.
How long does a DWI stay on your record in Texas?
In short: A DWI conviction stays on your Texas criminal record permanently. It cannot be expunged, and there is no time limit on using it to enhance a later DWI (Penal Code 49.09). Some first DWIs can be sealed from the public through an order of nondisclosure after a waiting period. An arrest that ends without a conviction may be expunged.
Is there a point when a DWI "falls off" my record?
No. Texas has no automatic removal for adult criminal convictions. A DWI conviction remains in court files and in the Department of Public Safety criminal history database unless a court orders otherwise. People often confuse this with credit reports or insurance surcharges, which follow different rules.
Can an old DWI be used against me if I am arrested again?
Yes. Texas repealed the old 10-year look-back for DWI enhancements in 2005. Under Penal Code 49.09, one prior intoxication conviction makes a new DWI a Class A misdemeanor with a 30-day minimum jail term, and two priors make it a third-degree felony, no matter how old the priors are. Deferred adjudication for a DWI under article 42A.102 also counts as a conviction for this purpose (49.09(g)).
What are the ways to limit what shows up?
| How the case ended | What may be possible |
|---|---|
| Conviction (jail or probation), first DWI, under 0.15, no accident with another person | Nondisclosure after a waiting period (Government Code 411.0731 or 411.0736) |
| Deferred adjudication for a first DWI, discharged and dismissed | Nondisclosure 2 years after discharge (411.0726) |
| Dismissed, no-billed or never filed | Possible expunction (Code of Criminal Procedure chapter 55A) |
| Acquitted at trial | Generally eligible for expunction |
| Second or later DWI conviction | No sealing; the record stays public |
What does nondisclosure do?
It stops courts and the Department of Public Safety from releasing the record to the public, including most private employers and landlords who run background checks. Criminal justice agencies and certain licensing agencies can still see it, and it can still be used to enhance a future DWI.
What about my driving record and insurance?
Your driving record and your criminal record are separate. License suspensions and insurance requirements, such as an SR-22 filing, follow Transportation Code rules and your insurer's policies. Ask an insurance professional how long a conviction affects your rates.
What should I do now?
- Get a copy of your judgment or dismissal order.
- Note the date you finished any probation or interlock requirement.
- Check the breath or blood test result in your file, since 0.15 or more blocks DWI nondisclosure.
- Ask whether an expunction or nondisclosure petition fits your 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.
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 be expunged in Texas?
No. A conviction cannot be expunged. A first DWI may qualify for nondisclosure instead.
Does a DWI from 15 years ago still count?
Yes. There is no time limit for using a prior DWI conviction to enhance a new DWI under Penal Code 49.09.
Will employers see a sealed DWI?
Most private employers will not see a record covered by nondisclosure, but certain licensing agencies and criminal justice agencies can.
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.