Yes — some DWIs can be expunged or sealed in Texas, but not all. It depends on the outcome of the case and whether you qualify under Texas expunction or nondisclosure laws.
Key Takeaways
- Dismissed, not guilty, or no-billed? Expunction is possible
- First-time offender with a BAC lower than 0.15? Sealing is possible
- Any conviction? Expunction is not allowed
Three Times a DWI Be Expunged in Texas
Under Texas law, a DWI conviction can never be expunged, even on a first offense. A DWI can be expunged only in limited situations:
1. You were Found Not Guilty
If you were acquitted at trial, the DWI can be fully expunged.
2. Your DWI was Dismissed
If the prosecution dismisses your case (for lack of evidence, suppression issues, or other legal problems), you may qualify for expunction after the waiting period.
3. You Received a “No-Bill” from a Grand Jury
If the grand jury declines to indict you, the arrest can be expunged.
When Can a DWI Be Sealed (Nondisclosed) in Texas?
If you don’t qualify for expunction, you may be able to seal your DWI through an Order of Nondisclosure, which hides it from the public and most background checks.
Eligible for Sealing If:
- It was your first DWI, and
- Your BAC was below 0.15, and
- You completed your sentence, and
- You have no other criminal convictions (beyond Class C traffic), and
- The case resulted in:
-
A conviction where you meet the waiting period requirements (Two years if you had an ignition interlock or five years if you did not).
Not Eligible for Sealing If:
- BAC was 0.15 or higher
- It was a second or subsequent DWI
- There was an accident involving another person
- You violated probation in specific ways
Expunction vs. Sealing: What’s the Difference?
|
Action |
What it does |
Who can see it |
|
Expunction |
Permanently deletes the DWI from all records |
No one. It’s like it never happened |
|
Nondisclosure (sealing) |
Hides the DWI from public background checks |
Courts, prosecutors, police, and licensing agencies |
Expunction is better — but only possible if the case was dismissed or you were acquitted.
How Michael & Associates Can Help
The best path to clearing a DWI record is getting the case dismissed early.
At Michael & Associates:
- Our 39 senior trial attorneys secure DWI dismissals routinely across Texas
- Three team members hold the DWI Scientist designation from the American Chemical Society
- We specialize in identifying flaws in traffic stops, SFSTs, breath/blood testing, and chain-of-custody issues
A dismissal dramatically increases your chance of expunction or sealing.
Michael & Associates handles expunctions and orders of nondisclosure. If you’re unsure about whether you’re eligible, contact us today to schedule a free consultation.
FAQs
Can a first-time DWI be expunged in Texas?
Yes — but only if the case is dismissed, no-billed, or you are found Not Guilty. A first-time DWI cannot be expunged if you were convicted, even if it’s your first offense. If you don’t qualify for expunction, you may still be eligible to seal your record through an Order of Nondisclosure.
Can a DWI conviction ever be sealed in Texas?
Yes. A first-time DWI conviction can sometimes be sealed if:
- Your BAC was below 0.15,
- You completed all sentencing terms,
- You have no prior criminal convictions, and
- You meet the waiting period (2 years with an interlock, 5 years without).
Repeat DWIs, high BAC cases, and DWIs with accidents cannot be sealed.
What is the difference between expunging and sealing a DWI in Texas?
Expunction deletes a DWI from your record forever — no employer, court, or agency can access it.
Sealing (nondisclosure) hides the DWI from public background checks, but police, prosecutors, and certain licensing agencies can still see it.
Expunction is only available when the case is dismissed, or you’re found Not Guilty; sealing is available only in limited first-offense situations.
Sources
Michael & Associates research, Texas DWI and DUI glossary, Texas.gov, Texas Code of Criminal Procedure, Chapter 55A, Texas Government Code, Chapter 411, Subchapter E-1
