Can My DWI Record Be Dropped in Texas?

 Posted on May 28, 2026 in DWI

A DWI charge can follow you for years if it isn't cleared from your record. It can show up in background checks, making getting a job or housing much more difficult.

Texas does allow for the expungement, or erasing of, a criminal record. However, it can only happen under some circumstances. A Dallas, TX criminal defense attorney can review your situation and help you understand what options might be available to you in 2026.

When Can You Expunge a DWI in Texas?

Expungement comes with strict eligibility requirements in Texas. Many DWI convictions don't qualify. Texas Code of Criminal Procedure Chapter 55 outlines the circumstances under which a record can be expunged.

Expunction is generally available only when a case didn't result in a conviction. That means if you were arrested for DWI but the charges were dismissed, you were acquitted at trial, or the prosecutor decided not to pursue the case, you may be eligible to have the arrest record expunged.

If you were convicted by the court of DWI, expunction is typically not available under Texas law. This is true even if it was a first offense.

What Can You Do if You Can’t Get Your DWI Record Expunged?

For people who don't qualify for expunction, an order of nondisclosure may be the next best option. Nondisclosure doesn't erase your record, but it seals it from public view. That means most employers, landlords, and members of the public won't be able to see it during a background check. Certain government agencies will still be able to, however.

Texas Government Code § 411.0731 allows certain first-time DWI offenders to petition for an order of nondisclosure if they meet specific requirements. Generally, eligibility requires that:

• The offense did not involve a BAC of 0.15 or higher.

• The offense did not involve an accident resulting in bodily injury to another person.

• The person successfully completed all terms of the sentence, including any required community supervision.

• The person satisfies the statute's criminal-history and eligibility requirements.

• The applicable waiting period has passed.

Even if all eligibility requirements are met, a judge must still approve the petition. The court will consider whether granting nondisclosure is in the best interest of justice.

How Does a Prior DWI Affect Getting an Order of Nondisclosure in Texas?

A second or third DWI conviction carries heavier penalties. It also makes nondisclosure unavailable to the defendant. Someone who has prior DWI convictions or a first offense involving a BAC of 0.15 percent or higher also likely won’t qualify for nondisclosure.

Because of this, it’s important to do everything you can to avoid a conviction in the first place. Once a conviction is on your record, your options narrow considerably.

What Can a Defense Attorney Do to Keep You from Being Convicted for DWI in Texas?

A criminal defense attorney may try several things to keep a conviction off your record. They might review whether the traffic stop was lawful. They will try to determine whether the officer who pulled you over actually had reasonable suspicion to do so. They also might review whether field sobriety tests (i.e., the walk-and-turn or standing on one foot) were properly conducted.

A lawyer might examine whether breathalyzer use or a blood draw followed the appropriate procedures. A faulty test could result in the court excluding it as evidence. This may weaken the case against you.  If you weren’t properly informed of your rights when you were stopped, or if those rights were violated at any point, you may also be able to avoid a conviction.

Call a Tarrant County, TX DWI Defense Attorney Today

A strong defense will strengthen your chances at expunction if you haven't yet been charged, or else getting an Order of Nondisclosure. Our Dallas, TX criminal defense lawyer is a former prosecutor for the Dallas County District Attorney's Office, which has given her a deep understanding of the criminal defense system in Texas. Attorney Poblenz has more than 25 years of legal experience, including DWI cases. Contact the Law Office of Michelle Poblenz at 469-845-3031 today to discuss your case.