June 27, 2025
A DWI in Texas can stay on your record permanently unless you take legal action. Here’s a quick breakdown:
- Criminal Record: A DWI conviction remains indefinitely unless expunged or sealed. Expungement is rare, but record sealing (nondisclosure) may be possible for first-time offenders under specific conditions.
- Driving Record: A DWI stays on your driving record for life. Insurance companies typically consider it for 3–5 years, leading to higher premiums.
- Employment & Licensing: DWIs can affect job prospects and professional licenses, especially in regulated industries.
Key Options to Reduce Impact:
- Expungement: Only available in rare cases, such as dismissed charges or pardons.
- Nondisclosure: May seal records for first-time offenders with conditions like a BAC below 0.15 and no prior convictions.
- Legal Help: Hiring an attorney early can help navigate options and minimize long-term consequences.
Act quickly to explore these options and limit the effects of a DWI on your future.
How Long Does a DWI Stay on Your Record in Texas?
The duration a DWI stays on your record in Texas depends on whether it’s part of your criminal record or driving record. Each has its own timeline and consequences.
DWI on Criminal Records
In Texas, a DWI conviction remains on your criminal record indefinitely unless you take legal steps to have it removed. Without expungement or sealing, it will continue to show up on background checks for jobs, housing, professional licenses, and more—even decades later.
While a first-time DWI stays on your record for at least three years, it ultimately remains permanent unless legally addressed. Penalties escalate with repeat offenses:
- First DWI: Class B Misdemeanor, up to $2,000 in fines, and up to 6 months in jail
- Second DWI: Class A Misdemeanor, up to $4,000 in fines, and up to 1 year in jail
- Third DWI: 3rd Degree Felony, up to $10,000 in fines, and 2 to 10 years in prison
Getting a DWI conviction expunged in Texas is rare. However, record sealing (nondisclosure) might be possible under Texas Government Code § 411.0731. Even then, certain government agencies can still access sealed records. Dismissed cases also stay on your record unless formally expunged.
Now let’s look at how a DWI affects your driving record.
DWI on Driving Records
A DWI conviction stays on your driving record for life in Texas. The Texas Department of Public Safety keeps these records permanently because DWIs are considered serious public safety concerns. While insurance companies typically review the past five years of your driving record, a DWI during that period can cause your premiums to double or even triple, creating a significant financial strain.
Unlike minor traffic violations, which may expire after three years, a DWI has long-term effects on your driving privileges and insurance costs. Expunging or sealing a DWI from your driving record is rare but not impossible if specific legal conditions are met.
The lasting impact of a DWI on both criminal and driving records underscores the importance of consulting a skilled DWI attorney as soon as possible. Legal guidance early in the process can help you explore ways to reduce the long-term consequences of a DWI charge.
Expungement and Nondisclosure Options in Texas
In Texas, a DWI conviction is usually permanent, but there are two legal options to address this: expungement and nondisclosure. Each option has specific requirements and limitations.
Expungement: Clearing Your Record
Expungement completely removes a criminal record from public access. This means the records are erased from public databases, and government agencies are required to destroy any related files. However, expunging a DWI conviction in Texas is extremely rare. A conviction can only be expunged if it’s vacated on appeal with exoneration or if the governor issues a pardon. On the other hand, a DWI charge that doesn’t result in a conviction may qualify for expungement under certain conditions.
You might be eligible for expungement if:
- You were acquitted by a jury.
- The charge was dismissed.
- A grand jury issued a no-bill decision (no indictment filed), or
- You completed a pretrial diversion program that led to dismissal.
Typically, the case requires dismissal without probation or resolution through pretrial diversion. There may also be a waiting period tied to the DWI’s statute of limitations. Once expunged, the record won’t appear in standard background checks conducted by employers, landlords, or financial institutions. If expungement isn’t an option, nondisclosure may provide a more achievable way to limit access to your record.
Nondisclosure (Record Sealing): A Practical Alternative
Nondisclosure, or record sealing, restricts public access to your DWI record. While it doesn’t erase the record entirely, it prevents most people from seeing it.
To qualify for nondisclosure of a DWI, it generally must be your first offense. Additional requirements include:
- A blood alcohol concentration below 0.15,
- No prior DWI convictions or deferred adjudication (minor traffic violations excluded),
- Completion of any jail time or community supervision,
- Payment of all fines, court costs, and restitution, and
- Completion of the required waiting period before filing a petition.
Certain factors can disqualify you from nondisclosure. For example, you’re ineligible if you:
- Are a repeat DWI offender,
- Had a blood alcohol content above 0.15,
- Were involved in an accident with another person as part of the DWI, or
- Have you ever been convicted or placed on deferred adjudication for serious crimes, such as sex offenses, aggravated kidnapping, murder, or family violence?
The waiting period for nondisclosure varies depending on your sentence:
- Two years if you were required to use an ignition interlock device for at least six months,
- Three years if you didn’t serve probation but used an interlock device for six months,
- Five years if no ignition interlock device was ordered.
To start the process, file a petition with the court clerk where your case was handled. The clerk will forward it to the judge and prosecutor for review. Nondisclosure is granted only if the judge determines it serves the interests of justice. Once approved, the Texas Department of Public Safety will seal the record and notify federal agencies. While the sealed record won’t appear in most background checks, certain agencies can still access it. Additionally, if you’re charged with another DWI in the future, a nondisclosed conviction can still count as a prior offense and enhance penalties.
Texas’s nondisclosure law applies retroactively, so even older first-time DWIs may qualify if they meet the requirements.
How a DWI Affects Employment, Insurance, and Licensing
A DWI conviction in Texas carries lasting consequences that go well beyond the courtroom. It stays on your record and can significantly affect your career opportunities, insurance premiums, and professional licenses for years.
Employment and Background Checks
In Texas, a DWI conviction shows up on background checks, making it a major hurdle for job seekers. According to research from the University of California, 75% of employers are unlikely to hire someone with a criminal record.
Certain industries—like commercial driving, healthcare, education, government, and finance—have strict policies on DWI convictions and may automatically disqualify candidates.
If a DWI is affecting your job search, honesty is key. Be upfront about the conviction on job applications and highlight the steps you’ve taken to rehabilitate. You might also explore whether an Order of Non-Disclosure could seal your record from most employers.
But employment isn’t the only area where a DWI leaves its mark. It also impacts your insurance rates and professional licenses.
Insurance Rates and Professional Licenses
In some cases, insurers may refuse to cover individuals with a DWI record altogether. Additionally, Texas requires drivers to file an SR-22 certificate for two years after a conviction. On top of that, the state charges an annual fee of $1,000 to $2,000 for the first three years post-conviction to retain a driver’s license.
While a DWI stays on your driving record for life, insurance companies typically factor it into premiums for three to five years. To lessen the impact, consider keeping a spotless driving record, comparing insurance quotes, taking defensive driving courses, or opting for higher deductibles.
Professional License Consequences
A DWI conviction also puts professional licenses at risk, as regulatory boards often increase scrutiny. Under Texas Occupational Code § 53.021, nearly all licensing boards have the authority to investigate and take action against those with criminal convictions. This can be especially concerning for professionals in fields with strict regulations.
Because criminal convictions are public record, licensing agencies have full access to this information. If you hold a professional license and are facing DWI charges, it’s crucial to seek legal advice immediately. A Texas DWI defense lawyer can help you navigate the criminal and professional consequences, address any substance abuse issues, comply with court orders, and maintain communication with your licensing board.
These challenges highlight the importance of taking swift action and seeking expert legal guidance to manage the long-term effects of a DWI in Texas.
Steps to Reduce DWI Impact in Texas
Facing a DWI conviction in Texas can be overwhelming, but taking the right steps early on can help reduce its long-term effects. Acting promptly and strategically is essential to safeguard your rights and future opportunities. Here’s how to navigate this challenging situation.
Why You Need a Texas DWI Attorney
One of the most important actions you can take after a DWI arrest is hiring a skilled DWI attorney. Texas DWI laws are complex, and having a knowledgeable lawyer on your side can make a significant difference. A good attorney can review the evidence against you, identify procedural mistakes during your arrest, and even negotiate with prosecutors to reduce charges or seek case dismissal. They can also guide you through processes like expungement or nondisclosure, which can eventually help clean up your record.
Time is critical here—if you don’t request an Administrative License Revocation (ALR) hearing within 15 days of your arrest, your license may be automatically suspended. Many law firms offer free consultations and 24/7 availability to help you develop a clear legal strategy. With an attorney in place, you can start taking steps to minimize the impact of your DWI.
Actions You Can Take to Minimize Impact
In addition to securing legal representation, there are several proactive steps you can take to address the situation.
Essential Early Steps
Immediately after your arrest, remember to stay calm, remain silent, and avoid volunteering unnecessary information. Take mental notes of the events leading up to your arrest and document your responsibilities—both personal and professional. Avoid posting anything on social media that could be used against you later. It’s also vital to follow any pre-trial conditions to avoid additional complications.
Complete any court-ordered DWI education programs as soon as possible. Enrolling in a state-approved course not only fulfills legal obligations but also shows your commitment to improving your driving habits. These steps can sometimes lead to lower insurance premiums. Additionally, some counties in Texas offer Pretrial Intervention (PTI) programs, which could result in your case being dismissed.
Voluntary Rehabilitation Efforts
Taking extra steps beyond what’s required can demonstrate genuine accountability. Consider joining alcohol education or treatment programs and participating in community service. These efforts reflect your commitment to personal growth and responsibility.
Long-Term Record Management
Work with your attorney to explore options like expungement or nondisclosure, which can help make your record inaccessible to the public. This can greatly improve your chances of finding employment. For insurance purposes, focus on maintaining a clean driving record, shop around for better rates, and consider taking a defensive driving course to potentially lower premiums.
Protecting Your Professional License
If you hold a professional license, it’s crucial to act quickly to protect your credentials. Contact a professional license attorney to address the situation before your licensing board takes action. Showing remorse, complying with court-ordered programs, staying in regular communication with your licensing board, and pursuing continuing education can demonstrate your commitment to maintaining professional standards.
Lastly, building a strong support system—including family, friends, counselors, and support groups—can provide the encouragement and accountability you need during this process. Taking these steps not only helps you move forward but also shows that you’re serious about making positive changes.
FAQs
Can a first-time DWI in Texas be removed from my record?
In Texas, a DWI conviction sticks with you—it cannot be erased from your criminal record, even if it’s your first offense. However, there’s a bit of hope if your case didn’t end in a conviction. For instance, if the charges were dismissed or you met certain legal conditions, you might qualify to have the record sealed under Texas’s nondisclosure laws.
What does sealing your record mean? It restricts who can see it, but it’s not the same as expungement. Expungement wipes the record clean, while sealing simply limits its visibility. For most first-time DWI convictions, the record stays permanently, unless specific legal circumstances apply. Speaking with an attorney can clarify what options are available to you.
How does a DWI conviction in Texas affect my professional license?
A DWI conviction in Texas can seriously impact your professional license, depending on your occupation. For example, industries like healthcare, education, and real estate often consider DWI offenses breaches of professional ethics or public trust. This could lead to penalties such as license suspension, restrictions on practice, or even losing your license entirely.
Beyond disciplinary measures, you might also encounter fines, required treatment programs, or probation. These consequences can damage your professional reputation, making it more challenging to secure or keep a job. If you’re dealing with a DWI charge, it’s crucial to understand the rules specific to your licensing board and take proactive steps to safeguard your career.
How can I reduce my car insurance premiums after a DWI conviction in Texas?
If you’re dealing with higher car insurance premiums after a DWI conviction in Texas, there are steps you can take to help manage the costs. Start by keeping your driving record clean—avoid any new traffic violations or accidents. Over time, this consistent safe driving shows insurers that you’re a responsible driver, which could result in lower rates.
It’s also worth shopping around for insurance quotes. Rates can vary significantly between providers, so comparing options might uncover a better deal. Don’t forget to ask about discounts, too. You might save by bundling your home and auto insurance, insuring multiple vehicles, or participating in safe driving programs. While premiums often stay elevated for 3–5 years after a DWI, these strategies can help ease the financial burden over time.