Can You Get a DWI Expunged in Texas? Here’s What the Law Actually Says

The question comes up constantly: can I get my DWI expunged in Texas? The answer depends entirely on what happened in your case — and many attorneys either oversimplify it or avoid the question altogether. Here is the honest answer, including the limitations the law imposes that you need to understand before making any decisions.

Expungement vs. Nondisclosure — Two Very Different Things

Texas law provides two distinct forms of relief for criminal records: expungement (also called expunction) and nondisclosure. They are not the same thing, and confusing them leads to serious misunderstandings about what you can legally say about your record.

Expungement: The record is permanently destroyed. Court files, law enforcement records, and DPS records are physically deleted. After a successful expungement, you can legally deny that the arrest ever occurred — in most circumstances. The record ceases to exist.

Nondisclosure: The record is sealed. It is not destroyed — government agencies can still see it, and some licensing boards can access it — but it is hidden from public background checks and most private employers. You are not required to disclose a sealed record in most situations, but you cannot truthfully deny it to agencies that have access.

When a DWI Can Be Expunged in Texas

1. The Case Was Dismissed or You Were Acquitted

If your DWI charge was dismissed (the State dropped the case, charges were never filed, or prosecution was declined) or you were found not guilty at trial, you are typically eligible for expungement. The arrest record — including the mugshot, booking information, and court files — can be wiped clean.

Important caveat: if you were placed on deferred adjudication and successfully completed it, that is not a dismissal in the traditional expungement sense. Texas law generally does not allow expungement of deferred adjudication, only nondisclosure.

2. You Completed a Pre-Trial Diversion Program

Some counties offer pre-trial diversion for DWI cases. Successful completion typically results in dismissal, which then makes expungement available. Not all defendants qualify, and the program is not universally available across all DFW courts.

DWI Nondisclosure Under SB 1057

In 2017, Texas passed Senate Bill 1057, which for the first time created a pathway for DWI convictions to be sealed. Previously, any DWI conviction was permanently public record with no relief available.

To be eligible for DWI nondisclosure under SB 1057, you must meet all of the following: first DWI conviction with no prior criminal history; BAC at time of arrest below 0.15 (higher BAC cases are excluded); no accident involving another person; an ignition interlock device (IID) was installed as a condition of probation; all terms of sentence have been completed; and the required waiting period has elapsed (2 years if IID was required, 5 years if it was not).

If you meet all requirements, you can petition the court for an order of nondisclosure. The judge has discretion — it is not automatic — but for eligible cases, approval is common.

Who Is NOT Eligible for DWI Nondisclosure

These exclusions are firm: BAC of 0.15 or above at the time of the offense; any accident involving another person (injury or not); prior convictions for sex offenses, family violence, murder, kidnapping, or trafficking; second or subsequent DWI conviction; DWI with child passenger conviction.

The Practical Impact of Nondisclosure

After a successful nondisclosure order, most private employers running a standard background check will not see the DWI. However, criminal justice agencies, certain licensing boards (law, medicine, nursing, teaching, financial services), the military, and certain government employers can still access the sealed record.

Next Steps

If you believe you may be eligible for DWI expungement or nondisclosure in Texas, the process involves filing a petition in the court where the case was handled, serving notice on required agencies, and attending a hearing. It must be done correctly to be effective.

Contact The Goolsby Law Firm at (972) 394-2141 for a free evaluation of your eligibility. Our goal is to get your case dismissed or your record cleared. We handle expungement and nondisclosure petitions throughout Dallas County and North Texas.