How Long After A Conviction Can It Be Expunged In Texas?

How Long After A Conviction Can It Be Expunged In Texas?

When someone has a DWI on their record, one of the most common questions we hear is, “How long do I have to wait before I can get this expunged?” It’s an understandable concern. A DWI conviction can impact your job, your ability to get housing, your insurance rates, and even your reputation. For many people, cleaning up their record is the first step toward getting their life back on track. But under Texas law, expungement isn’t available in every case, and the rules are strict.

At Mark Diaz & Associates, we represent clients across Galveston and Houston who are looking for real answers about their DWI record. Whether you’re dealing with a past conviction or looking into options for a family member, knowing what Texas law allows—and what it doesn’t—is critical. We’re going to walk you through what can and can’t be expunged, how long you have to wait, and how the process works.

What Is Expunction In Texas?

Expunction is the legal process of erasing a criminal record. When a record is expunged, it’s as if the arrest or charge never happened. The court orders that all related records be destroyed, and you are legally allowed to say you were never arrested or charged.

Texas law defines expunction under Texas Code of Criminal Procedure § 55.01. But this relief is only available under specific conditions. If you were convicted of a DWI, the rules are even more limited.

Can A DWI Conviction Be Expunged In Texas?

In most cases, a conviction for DWI cannot be expunged in Texas. That includes misdemeanor and felony DWI convictions under Texas Penal Code § 49.04. Once you’ve been found guilty or pleaded guilty, that record usually stays with you for life.

There are, however, exceptions:

• If your DWI charge was dismissed, and you were never convicted, you may qualify for an expunction.
• If you were found not guilty, you are eligible to have the arrest and charge expunged.
• If you completed a pretrial diversion program, depending on the county, you may qualify for an expunction after successful completion.
• If your case was overturned on appeal, you may be able to apply to have the record expunged.

What About Nondisclosure (Record Sealing)?

Even if you can’t get your DWI expunged, you may be able to seal the record through an Order of Nondisclosure under Texas Government Code § 411.0726. This doesn’t erase the record, but it hides it from public view—employers, landlords, and others won’t be able to access it.

To qualify for a nondisclosure of a DWI arrest:

• You must have been placed on a deferred adjudication (probation) for a DWI or BWI (boating while intoxicated)
• You must have the interlock installed on your vehicle during your probation
• You must wait two years from the discharge and dismissal of your deferred adjudication (probation)
• You must have never been convicted or placed on deferred adjudication (probation) for another offense, other than a traffic offense punishable by fine only
• You must have completed all sentencing requirements (including payment of fines, court costs, restitution by the court, etc.) and required conditions as set out in the Texas Government Code § 411.074
• You received a discharge and dismissal from the court, placing you on deferred adjudication (probation)
• There must have been no accident involving another person, and your blood alcohol concentration level must have been below 0.15

If you meet these conditions, you can petition for a nondisclosure two years after the court discharged and dismissed your probation.

How Long Must You Wait To Expunge A Dismissed DWI?

If your DWI was dismissed, the waiting period depends on how the case ended:

• If you were acquitted (found not guilty), you can request an expunction right away.
• If your misdemeanor DWI was dismissed at the request of the state, then you have to wait out the statute of limitations, so two years from the date of the incident.
• If the case was dismissed without filing, the waiting period is generally 180 days after arrest for a Class C misdemeanor, one year for Class A or B misdemeanors, and three years for felonies.

Why an Expunction Matters

A criminal record can follow you for years. It can hurt job applications, housing opportunities, education, and even your ability to get a professional license. Employers today run background checks, and a past DWI—even a dismissed one—can raise red flags. That’s why it’s important to know your rights and take the steps necessary to clear your record if you’re eligible.

FAQs About DWI Expunctions In Texas

Can A First-Time DWI Be Expunged In Texas?

A first-time DWI conviction cannot be expunged in Texas. If the case was dismissed or you were acquitted, you may be eligible. If convicted, you likely have very few options to erase or even seal your record of that conviction.

How Long Does It Take To Get A DWI Expunged If The Case Was Dismissed?

If the case was dismissed, you may be eligible for an expunction after the statute of limitations has passed—two years for misdemeanor DWI offenses. In some cases, you can file sooner if the prosecutor agrees. The expunction process itself takes a few to several months once it begins.

What Is The Difference Between an Expunction And Nondisclosure?

An expunction erases the record completely. It’s like the arrest or charge never happened. Nondisclosure seals the record from public access, but law enforcement and certain state agencies can still view it. If your DWI was dismissed, an expunction is possible. If you pleaded and were placed on deferred adjudication probation, then you may be eligible for a nondisclosure.

Does The Type Of DWI Matter For a Nondisclosure?

Yes. If your DWI involved a high BAC, an accident, or injuries, you are unlikely to qualify for a nondisclosure, even if it was your first offense. The more serious the facts, the less likely it is that the court will allow you to seal or expunge the record.

How Do I Start The Expunction Process In Texas?

Hire a lawyer. Filing a petition for expunction is highly technical and requires strict adherence to the statutory rules that govern expunction procedures. While it is possible to file an expunction on your own and without a lawyer, it is highly discouraged and very difficult to do without legal counsel who knows exactly how to handle these.

Will An Expunged DWI Show Up On Background Checks?

No. Once your DWI is expunged, it should not appear on public or private background checks. You are legally allowed to deny that the arrest or charge ever occurred. That’s why getting an expunction is such a powerful tool for clearing your name.

What Happens If I Try To Expunge A Record I’m Not Eligible To Clear?

The court will deny your petition, and you will waste time and money. That’s why we always advise speaking with an experienced local attorney first about what you are and are not eligible to receive when it comes to an expunction. We’ll review your full record and help you avoid filing for something you’re not legally entitled to receive.

Can Employers Still See A Sealed DWI?

Most private employers cannot see sealed records. However, government agencies, licensing boards, and law enforcement can still access sealed DWI records. If you are applying for a job that requires a license or involves public trust, a sealed DWI may still come up.

Call Mark Diaz & Associates Today To Clear Your DWI Record

If you’re ready to move forward and want to explore your options for possibly expunging your DWI past arrest record or record sealing, we’re here to help. At Mark Diaz & Associates, we’ve worked with clients throughout Galveston and Houston to protect their futures. Let us help you take the next step.

Contact our dedicated team of Galveston County expunction attorneys at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation.